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Sciences 
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18X 


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1 

2 

3 

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dernidre  image  de  cheque  microfiche,  selon  le 
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symbols  V  signifie  "FIN". 

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illustrent  la  mdthode. 


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DEPARTMENT  p  THE  INTERIOR 

U.  a  GEOLOICAL  SURVEY 
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MINERS'  MANUAL  .  v 


UNITED  STATES.  ALASKA.  THE  KLONDIKE 


CONTAINING 


.'  •'"     •^, 


annotated  manual  of  procedure;   statutes  and 
rp:gulations;      mining    regulations    oe    the 
northwest    territory,    british    columbia 
and  yukon  district;    glossary  of   min- 
ing terms,  and  information  regard- 
ing alaska  and  the  klondike 


HORACE  F.  CLARK 
land  and  mining  attorney 
Washington,  D.  C. 

CHARLES  C.  HELTMAN,  and 
CHARLES  F.  CONSAUL 

General  Land  Office 


CHICAGO 
CALLAGHAN   &   COMPANY 

1898 


\V 


Entfvcd  acoording  to  Act  of  Congress,  in  the  year  1898, 

By   CALLAGHAN   &   COMPANY, 

In  the  UtBoe  of  the  Librarian  of  Congress,  at  Wai,hinglon,  D.  C. 


ConiiK)sltIor  by 

The   Brown-Cooper   Tyijesettlng   Co., 

Chicago. 


I 


INTRO::  UCTION. 


This  book  is  divided  into  four  parts  as  follows: 

Part  I.  consists  of  a  Manual  of  Mineral  Land  Law 
of  the  United  States,  being  a  brief  treatise  upon  the 
rights  acquired  by  location,  entry  and  patenting  of 
public  mineral  lands,  with  a  description  of  the  various 
steps  in  the  acquisition  of  title,  with  numerous  cita- 
tions. Those  who  wish  a  reference  to  all  of  the  de- 
cisions upon  the  various  points  of  this  branch  of  the 
law,  are  referred  to  the  Mineral  Law  Digest,  compiled 
by  the  authors  hereof,  and  published  by  the  publishers 
Of  this  book. 

Part  II.  comprises  the  Mineral  Land  Statutes,  with 
latest  regulations  thereunder,  prescribed  by  the  De- 
parlrnGxit  of  the   Interior. 

Part  ITT.  is  a  set  of  forms  for  use  In  relation  to  the 
acquisition  and  transfer  of  title  to  mining  claims, 
prepared  by  those  whose  aggregate  experience  in  the 
handling  of  cases  arising  under  the  mineral  land  laws 
extends  over  thirty  years.  This  part  includes  a  Glos- 
sary of  mining  terms  in  general  use. 

Part  IV.  deals  with  Alaska  and  the  Klondike  region, 
their  geographical  and  climatic  features,  traveled 
routes,  mineral  deposits  and  mining  industries.  Fed- 
eral statutes  and  regulations  having  especial  applica- 
tion to  Alaska  and  the  mining  regulations  of  the 
Canadian  I='rovinces,  North  West  Territory,  British 
Columbia,  and  Yukon  District. 

The  information  contained  in  this  division  has  been 
drawn  almost  eniirely  from  official  sources,  reports  of 
government  explorers,  of  the  Governors  of  Alaska  and 
other  officials. 

The  subject  of  outfitting  and  transportation  is  also 
here  treated. 

Bound  with  the  book,  a:3  a  part  of  this  division,  is 
a  map  of  Alaska  and  the  Klondike,  compiled  from  the 
latest  government  publications. 


r 


MiHHlillll 


•^ 


PART  I. 

MANUAL  OF  MINERAL  LAND  LAWS  OF  THE 
UNITED  STATES. 


MINERAL  DISTRIBUTION. 

The  public  mineral  lands  in  the  various  States  and 
Territories,  with  the  exception  of  Wisconsin,  Michigan, 
Minnesota,^  Missouri,  Kansas,-  Alabama,^  Oklahoma.* 
and  Texas,  are  subject  to  exploration,  occupation,  and 
purchase  under  the  mineral  land  laws  of  the  United 
States. 

The  general  Government  has  no  ownership  in  the 
lands  of  Texas,  the  title  thereto  being  in  the  State, 
by  the  terms  of  its  admission  into  the  Union,  Decem- 
ber 29,  1845.  The  second  section  of  the  joint  resolution 
of  Congress  of  March  1,  1845,  provided  among  other 
things,  that  Texas  "shall  retain  all  the  vacant  and 
unappropriated  lands  lying  within  its  limits,"  to  be  dis- 
posed of  by  the  new  State,  first,  in  discharging  its 
debts  and  liabilities,  the  residue  to  be  disposed  of  for 
such  purposes  and  in  such  manner  as  to  the  State 
should  seem  fit.  The  terms  of  this  resolution  having 
been  accepted,  Texas  was  admitted  to  the  Union  by 
joint  resolution  of  Congress  of  December  29,  1845  (9 
Stat.,  108). 

The  Sf«te  has  a  public  land  system  of  its  own,  under 
which  11!  lands,  both  mineral  and  agricultural,  are 
granted. 

The  public  lands  in  the  other  States  and  Territories 
above  mentioned  are  by  the  terms  of  the  statutes  dis- 
posed of  as  agricniUural  without  reference  to  their  real 
character,  whet  her  niinerjil  or  non-niiueral, 

1     Sc<'.    ii.^4.^.    V.    S.    Hcv.    Stilt.,    piipo    ir.R. 
li    .\('t   of   Mny  r>,    1S7C.   (If)  Slut.,   nil),   piiRO   1.^.!). 
li    \pt   of    March    3.    1S8;{    (22   Stat..    487).    paRo    100. 
4    Sec.    IG,    Act  of   March    3,    1801    (2G   Stat.,    1026). 

3 


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MINERAL    LAXD    LAWS 


It  may  be  added  that  the  only  minerals  so  far  found 
in  these  States  of  any  considerable  value,  are  coal, 
iron,   copper,   lead  and  zinc. 

The  Stat'^Q  and  Territories  in  which  the  public  do- 
main is  found  lo  contain  minerals,  arranged  as  near 
as  may  be  in  the  order  of  their  importance  in  this  par- 
ticular, are  Colorado,  California,  Montana,  Alaska,* 
Idaho,  gouth  Dakota,  Utah,  Nevada,  Arizona,  New 
Mexico,  Washington,  Oregon,  Wyoming,  Arkansas, 
and  North  Dakota. 

The  Executive  Department  of  the  Government, 
charged  with  the  sale  of  the  public  lands,  obtains  its 
information  as  to  the  character  thereof  chiefly  througti 
the  representations  of  those  who  are  seeking  to  ac- 
quire title  under  the  laws.  It  is  unable  to  advise 
interested  inquirers  as  to  the  locality  of  valuable  un- 
appropriated mineral  lands,  for  the  reason  that  the 
discovery  of  such  lands  is  invariably  accompanied  by 
an  act  of  appropriation  by  the  fortunate  discoverer. 

Ov'<tslde  of  what  is  disclosed  by  the  public  records, 
the  officials  have  no  information  not  shared  by  the 
general  public.  These  records  represent  the  claims  for 
which  the  Government  title  is  asked.  The  public 
domain  in  States  and  Territories  not  specifically  ex- 
cepted by  statute,  is  all  open  to  exploration  by  the 
mineral  prospector,  and  if  found  to  contain  valuable 
mines,  to  occupation  and  purchase  under  the  general 
mining  laws.**  No  lands  are  now  withdrawn  from  set- 
tlement and  entry  under  the  agricultural  land  laws 
because  believed  to  be  mineral,  and  all  such  with- 
drawals made  in  the  past  by  executive  order,  have 
been  revoked.^  The  prospector  is  not  restricted  in  his 
operations.  He  may  explore  any  tract  of  unreserved 
public  land. 

The  relative  rights  and  privileges  of  rival  claimants 
under  the  agricultural  and  mineral  land  laws,  will  be 
fully  considered  under  the  title  Character  of  Land. 

The  Government  can  advise  as  to  the  status,  whether 
appropriated  on  the  records,   and  under  what  law,  or 


■^i 


5  The  production  of  Rold  In  Alaska  has  inoronsod  largoly 
in  the  past  year  or  two.  It  Is  impossible,  liowcvcr,  to  >;ivi' 
tlRures  showinp  the  nniount  as  compared  with  the  other  States 
nieiilion(  (1.  It  is  tho\ight  that  the  relative  production  la  uhout 
as  indicated  in  the  list. 

G    Sec.  2.319.   V.  S.   Rev.   Statutes,   papo  119. 

7    Circular  of  April  27,  1880,  Copp's  Min.  Lands,  2d  Ed.,  5G. 


^■'«i»>.[.^ 


OF    THE    rXITED    STATES.  B 

whether  unapprojiriatod,  of  any  specific  tract,  and 
maps  can  be  compiled  from  tlic  records  showing  all 
approved  mineral  surveys  in  any  locality. 

The  discovery  of  mineral  on  a  tract  for  which  patent 
has  issued,  or  for  which  entry  has  been  made,  under 
the  g-eneral  land  laws,  does  not  defeat  the  rights  of 
the  patentee  or  entryman,  as  the  case  may  be.  Min- 
erals discovered  on  such  lands  belong  to  the  proprietor 
of  the  soil.  In  many  of  the  States  government  own- 
ership of  lands  has  long  since  been  extinguished.  The 
general  Government  never  owned  any  of  the  lands 
of  the  original  thirteen  States.  Many  of  the  States 
and  Territories  are  entirely  agricultural  in  character. 

RESERVATIONS. 

Within  the  various  public  land  States  are  many 
tracts  of  land,  often  of  considerable  extent,  which  are 
excepted  from  the  operations  of  the  general  land  laws, 
such  as  Indian  reservations.  National  parks,  forest 
reservations,  military  reservations  and  private  land 
grants,    confirmed   and   unconfirmed. 

The  Indian  reservations,  although  numerous,  are  now 
of  comparatively  small  area.  These  are  being  still 
further  reduced  by  purchases  from  the  Indians  by 
the  United  States  for  the  purpose  of  opening  the  lands 
thus  acquired  lO  disposal  under  the  public  land  laws. 
Generally  these  lands  are  disposed  of  under  any  of  the 
land  laws  applicable  to  the  character  thereof.  An  ex- 
ception was  made  in  recent  legislation  relative  to  por- 
tions of  the  San  Carlos  Indian  reservation  in  Arizona 
(Act  of  June  10,  1896,  29  Stat.  SCO),  and  to  portions  of 
the  Port  Belknap  and  Blackfeet  Indian  reservations 
in  Montana  (Act  of  June  10,  1896.  29  Stat.  353-357). 

Briefly  stated,  these  acts  provide  for  the  purchase  of 
a  portion  of  each  reservation,  the  survey  thereof,  and 
thereafter  their  disposal  under  the  mineral  and  coal 
land  laws  of  the  United  States,  with  a  preference 
right  of  purchase  by  those  who,  prior  to  the  cession 
of  the  lands,  had  discovered  and  opened  mines  in  good 
faith.8 

The  largest   and  most  important   Indian  reservation 


8  By  the  not  of  .Tiino  7.  1897  (30  Sttit.,  93),  those  portions 
of  tlic  acts  naiiu'd,  KiaiitliiK  a  jtrffiMcncf  lijrht  of  entry,  were 
reiM'iiU'tl. 


1 


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fl  MINERAL    LAND    LAWS 

within  the  TTnited  States  is  the  Tnrlian  Territory.  This 
has  been  murh  reduced  in  recent  years  by  the  pur- 
chase and  opening  to  settlement  of  what  is  now  called 
the  Territory  of  Oklahoma."  Contrary  to  the  usual 
rule,  the  lands  jn  Oklahoma  are  subject  to  disposal 
only  under  the  homestead  and  town  site  laws  without 
regard  to  their  actual  character.  Sec.  16,  Act  of  March 
3,  1891  (26  Stat.  1026) 

The  lands  remaining-  in  the  Indian  Territory  are  not 
subject  to  exploration,  occupation  and  purchase  under 
the  mineral  land  laws,  and  parties  entering  thereon 
are  liable  to  ejectment  and  prosecution  as  tr'^   passers. 

ALASKA. 

By  the  act  of  May  17,  1884  (23  Stat.  24),  the  operation 
of  the  mineral  land  laws  of  the  United  States  was  ex- 
tended to  Alaska.  The  claimant  has  to  pursue  exactly 
the  same  course  to  acquire  title  to  mineral  lands  there 
that  he  would  pursue  in  other  public  mineral  land 
States.  The  mineral  land  laws  and  r'^gulations  are 
printed  on  pages  119  to  171;  and  in  Part  IV.  of  this 
book  may  be  found  special  information  relative  to 
Alaska  and  adjacent  portions  of  the  British  Pos- 
sessions. 

NATIONAL  PARKS. 

The  National  Parks,  such  as  the  Yosemite  in  Cali- 
fornia, and  the  Yellowstone  in  Wyoming,  were  estab- 
lished for  the  purpose  of  preserving  for  the  people, 
regions  of  g-reat  natural  beauty.  The  mineral  deposits 
therein  are  specifically  reserved  from  the  operation 
of  the  mineral  land  laws.^" 

FOREST   RESERVES. 

Within  recent  years  a  number  of  large  reservations, 
called  Forest  Reserves,  have  been  established,  under 
the  act  of  March  3,  1891  (26  Stat.  1103),  by  Executive 
proclamation,  in  the  public  land  States  and  Terri- 
tories,   the    primary   purpose    thereof    being    the    pro- 

9  NeRotiatlons  are  now  belnp  conduotod  by  aiithorlzntlon 
of  CoiiKi'esa  with  the  Indian  nations  in  the  Indian  Territory, 
for  the  purpose  of  securing  their  consent  to  an  abandonment 
of  their  present  forms  of  government,  and  the  opening  of  their 
surplus   lands  to   settlement. 

10  Act  September  25,  1800  (20  Stat.,  478);  Act  October  1, 
1890  (26  Stat.,  GSOt. 


'i\ 


1  .1 


OF    'ItlK     ITXITED    STATES,  1 

tection  of  the  water  supply  from  diminution  by  the 
wanton  and  useless  destruction  of  the  forests  in  which 
the  streams  have  their  origin.  These  reservations, 
under  the  legislation  providing  for  their  establish- 
ment, were  not  subject  to  the  operation  of  the  land 
laws,  but  the  act  of  February  20,  1896  (29  Stat.  11),  per- 
mits the  acquisition  of  mining  claims  in  those  reser- 
vations of  this  character  in  Colorado,  and  by  the  act 
of  June  4,  1897,'^  the  right  was  given  to  locate  and 
hold  mining  claims  in  any  forest  reserve.  This  legis- 
lation provides  for  the  preservation  of  the  timber. 

MILITARY  RESERVATIONS. 

As  the  necessity  for  the  use  thereof  ceases,  the 
various  Military  reservations  are  being  restored  to  the 
public  domain,  the  agricultural  lands  therein  after  sur- 
vey to  be  disposed  of  under  the  act  of  July  5,  1884  (23 
Stat.  103).  The  mineral  lands  in  the  reservations,  how- 
ever, become  subject  to  occupation  and  purchase  im- 
mediately upon  the  abandonment  thereof  by  the  War 
Department. 

PRIVATE    LAND   GRANTS. 


In  those  portions  of  the  country  acquired  from  Mex- 
ico, particularly  in  California,  Arizona  and  New  Mex- 
ico, exist  large  tracts  of  land  granted  to  individuals 
by  the  Spanish  and  Mexican  governments.  They  are 
called  Private  Land  Grants,  and  under  the  treaty  of 
cession  the  rights  of  the  claimants  are  preserved. 
Since  the  acquisition  of  this  Territory  the  United 
States  has  confirmed  and  patented  many  of  these 
grants. 

Many  are  still  unconfirmed  and  unpatented,  generally 
because  of  the  difficulty  of  determining  to  the  satis- 
faction of  all  interested  the  proper  situation  and  ex- 
tent of  the  land  granted.  Those  finally  adjusted  have 
been  disposed  of  in  accordance  with  the  terms  of  the 
grant,  interpreted  in  the  light  of  the  laws  of  Mexico. 
These  grants  were  generally  pastoral  grants,  all  min- 
erals under  the  laws  being  reserved  to  the  State. 
However,  all  patents  Issued  by  the  United  States  were 


11    30   Stats.,   11-36. 


8 


MINERAL   LAND  LAWS 


absolute  conveyances,  the  Government  making  no 
reservation  of  minerals  therein.'-  Indeeti,  this  has 
never  been  done  in  any  case,  the  only  exceptions  and 
reservations  contained  in  patents  bein.g-  those  rclatii 
to  easements,  and  those  designed  to  protect  the  rights, 
under  the  law,  of  other  private  proprietors..  Hence 
mineral  claimants  have  no  right  to  prospect  and  lo- 
cate mining  claims  on  such  patented  grams.  They  are 
private  property,  and  the  minerals  therein  belong  to 
the  owner  under  the  patent.  Neither  have  mining 
prospectors  the  right  to  explore  and  occupy  any  por- 
tion of  the  lands  within  the  claimed  limits  of  uncon- 
firmed grants.  Until  finally  adjudicated  they  are  in 
a  state  of  complete  reservation  and  are  excluded  from 
the  operation  of  the  public  land  laws. 

By  the  act  of  March  3,  1891  (26  Stat.  854),  a  court  of 
private  land  claims  was  established  for  the  purpose  of 
adjusting  all  such  grants.  Section  13  of  this  act  con- 
tains a  declaration  that  all  valuable  minerals  are  re- 
served to  the  United  States,  and  in  effect  directs  the 
court  to  make  a  finding  of  facts  relativ  -  to  this  par- 
ticular if  the  point  is  raised.  These  grants  are  now 
being  patented  by  the  Land  Department  under  the 
decrees  of  this  court. 

STATUS   OF   RESERVED  LANDS. 


s 


Under  his  authority  as  Chief  Executive,  the  Presi- 
dent may  establish  reservations  embracing  unajjpro- 
priated  mineral  lands,  and  such  lands  are  not  there- 
after subject  to  location   and  purchase.^'' 

It  may,  however,  be  stated  as  a  general  rule  applica- 
ble to  reservations  of  whatever  character,  with  the 
exception  of  private  land  grants  governed  by  the 
treaty  with  Mexico,  that  no  rights  acquired  by  citi- 
zens of  the  United  States  prior  to  the  establishment 
of  the  reservation  are  affected  thereby.  Accordingly, 
mining  locations  regularly  made  prior  to  the  reserva- 
tion, and  lawfully  maintained,  are  private  property, 
and  the  owner  thereof  may  at  any  time  take  the  steps 


i 


12    The  cases  of  Moorp  v.  Smnw  and  Fremont  v.   Flower.   17 
Oil.,   199:    12   Mor.    Mln.    Rpp.,   41H.    coiitiihi   :in   hiterestins   his 
tory  of   tlie  subject   of   private   land   giants   and   state   the   law 
as    it    was    prior   to   tlie  legislation    a»M»ve   mentioned. 

.  13    Fort   MaKlnnls  Case,    1  L,    D.,   552   (Op.    Atty.    Gen.). 


OF  THE  PNITED  STATER. 


9 


necessary  to  secure  the  f(>e-siniple  title.  Tt  must  he 
remembered,  however,  that  this  only  applies  to  a  lo- 
cation which  was  at  such  time  fully  perfected,  and 
even  a  location  of  this  character,  if  not  maintained, 
would  be  treated  as  abandoned,  and  the  land  covered 
thereby  would  become  a  part  of  the  reservation.'^ 

TIDE      LANDS     AND     LANDS      ON      NAVIGABLE 

STREAMS. 


Lands  below  high-water  mark  on  the  tide  lands  and 
on  the  banks  of  navigable  stre-ims  belong  to  the 
States  in  which  they  are  situated,  and  the  United 
States  will  not  recognize  mining  claims  thereon.*'* 
Whether  lands  are  tide  lands  or  whether  streams  are 
navigable,  is  a  question  of  fact  to  be  determined  in 
each  particular  case. 

The  right  to  use  such  lands  depends  upon  the  local 
laws.  A  mining  claim  may  extend  across  and  cover 
the  bed  of  a  stream  not  navigable.  If  the  claim  is 
taken  by  legal  subdivisions,  the  description  thereof, 
according  to  the  government  survey,  will  control.  In 
such  a  case,  if  the  stream  is  meandered  (that  is,  if 
the  subdivisional  surveys  extend  only  to  the  banks 
and  not  across  the  stream),  the  ordinary  rules  as  to 
riparian  rights  apply. 

GRANTS    TO   STATES. 

The  United  States  has  granted  to  the  several  States 
sections  16  and  3G  in  each  township  for  the  common 
schools,  excepting  such  as  are  mineral,  and  for  the 
acreage  lost  in  this  way  the  State  may  select  an  equal 
quantity  of  unappropriated  lands  as  indemnity.'"  In 
lieu  of  a  place  granted  of  sections  16  and  36,  the  State 
of  Nevada  has  been  granted  two  million  acres  of  pub- 
lic land. 

These  .grants  are  adjusted  in  the  following  manner: 
The  government  surveyor,  in  running  the  lines  of  the 

14  Belk  V.  Mengher,  104  V.  S..  279;  (Jwilllm  v.  Donnellnn. 
lin  IT.  S.,  45:  Noyea  v.  Mantle.  127  V.  S.,  348;  Hammer  v. 
Garfield    M.    &    M.    Co.,    130    11.    S.,    201. 

15  Knlpht  V.  U.  S.  Land  Association,  and  oases  therein 
cited,   142   U.   S.,  101;   Frank  IJurns.    10  L.    D.,   ar.5. 

IG    Keystone  Lode  &  Mill  Site  v.   Nevada,  15  L.  D.,   259. 


10 


MINERAL  LAND   LAWS 


subdivisional  surveys,  is  required  to  describe  in  his 
field  notes  the  character  of  the  lands  over  which  his 
lines  are  extended.  This  statement  is  usually  to  be 
found  in  the  "General  Description"  at  the  end  of  the 
field  notes  of  the  survey  of  each  township,  and  is 
called  the  "return"  of  the  surveyor.  The  public  lands 
are  prima  facie  of  the  character  noted  by  the  sur- 
veyor, and  the  State  may  select  lands  iu  lieu  of  those 
sections  of  its  grant  returned  as  mineral,  or  may,  if 
it  so  elects,  disprove  the  return  undei  the  regulations 
of  the  Department.^^  Although  mineral  lands  are  ex- 
cepted from  the  grant,  a  time  is  fixed  at  which  the 
State's  title  becomes  absolute,  if  the  land  is  not  known 
at  that  time  to  be  mineral  in  character:  If  the  sub- 
divisional  survey  was  made  prior  to  the  admission  of 
the  State,  this  point  of  time  is  the  date  of  the  ad- 
mission of  the  State  to  the  Union;  if  such  survey  was 
made  after  the  admission  of  the  State,  the  grant  to  the 
State  becomes  absolute  at  the  date  of  the  approval 
of  the  survey  if  the  lands  were  not  then  known  to  be 
mineral. 

In  case  an  application  for  patent  for  a  mining  claim 
is  presented  covering  any  lands  within  sections  16  or 
36,  returned  as  non-mineral,  if  an  examination  of  the 
same  di..closes  that  the  claim  was  located  prior  to  the 
date  when  the  State's  right  attached,  if  at  all,  the  ap- 
plication is  received  and  placed  of  record,  and  the 
proper  State  official  notified  and  allowed  a  certain 
time  to  show  cause  why  patent  should  not  be  issued  on 
such  mineral  application. 

Should  the  application  disclose  that  the  mining  claim 
was  located  after  the  date  when  the  grant  became 
effective,  if  at  all,  the  mineral  claimant  is  required  to 
make  a  prima  facie  ex  parte  showing  that  the  land 
claimed  by  him  was  known  to  be  mineral  at  or  prior 
to  the  established  date.  Should  such  showing-  be  made, 
a  rule  is  laid  upon  the  State  to  show  cause  as  above 
noted,  but  should  the  mineral  claimant  fail  to  make 
out  a  prima  facie  ex  parte  case,  his  application  is 
finally  rejected. 

In  all  cases  where  the  State  fails  to  appear  and  make 
objection  after  due  notice,  the  application  for  mineral 
patent  is  passed  in  this  particular;  but  if  a  showing  Is 


17    Paragraphs   103  et  seq.,  page   167. 


OF"   THE    UNITED    STATES. 


11 


made  which  raises  the  issiio.  a  "hearing"  or  trial  bo- 
fore  tile  loral  land  office  is  had  to  determine  the  ques- 
tion: Was  the  land  known  to  be  mineral  in  charac- 
ter at  the  date  the  grant  to  the  State  took  effect,  if 
at  all? 

GRANTS  TO  RAILROADS. 


The  United  States  has  also  granted  to  many  railroad 
corporations  immense  quantities  of  land,  in  alternate 
sections  on  each  side  of  its  road,  from  five  to  forty 
miles  in  width,  mineral  lands,  other  than  those  val- 
uable for  coal  and  iron,  bein^  excepted. 

The  exception  is  effective  as  to  all  lands  found  to  be 
mineral  at  any  time  prior  to  the  date  of  patent,  or 
certification.'^ 

Of  these  granted  alternate  sections  the  companies 
make  lists  of  selections,  describing  the  tracts  accord- 
ing to  the  government  subdivisional  surveys.  These 
lists  are  filed  in  the  local  land  office  and  forwarded  to 
the  General  Land  Office,  where  they  are  critically  ex- 
amined. A  clear  list  is  then  made  up  of  unappro- 
priated lands  not  returned  as  mineral  or  alleged  to  be 
such,  which  list  is  transmitted  to  the  Secretary  of  the 
Interior  for  patenting  under  the  law. 

Under  the  practice  a  list  is  prepared  of  all  the  lands 
returned,  or  claimed  as  mineral  or  alleged  to  be  such, 
as  well  as  all  lands  within  six  miles  of  mining  claims, 
and  notice  of  the  selection  of  said  lands  is  required 
to  be  published  thirty  days,  after  which  testimony  is 
submitted  at  the  local  land  office  as  to  the  character 
thereof.  Any  person  having  claims,  or  who  is  familiar 
with  the  character  of  the  lands  published,  is  invited  to 
appear  and  testify  concerning  the  same. 

Inasmuch  as  many  mining  claims  are  held  under  pos- 
sessory title  only,  and  there  is  no  record  thereof  in 
the  Land  Department,  claimants  are  at  fault  if  they 
do'  not  advise  the  Government  of  their  claims.  A 
brief  letter  addressed  to  the  Commissioner  of  the  Gen- 
eral Land  Office,  giving  the  section,  townshi-p  and 
range,  will  be  sufficient  to  prevent  any  final  disposi- 
tion of  the  land  to  a  railroad  company  until  the  one 
alleging  the  mineral  character  of  the  land  has  an  op- 

18  Barden  v.  N.  P.  R.  R.  Co..  154  U.  S..  288  (oitinfr  and 
approving  C.  P.  R.  R.  Co.  v.  Valentine,  11  L.  D.,  238).  This 
Is  tnu'  as  to  all  grants  of  like  character. 


12 


MINERAL   LAND   LAWS 


porlunlty  to  be  heard.  The  better  plan,  however.  Is 
for  the  mining  claimant  to  keep  himself  informed  of 
the  status  of  the  land  by  frequent  examinations  of 
the  records  of  the  local  land  office,  or  those  of  the 
General  Land  Office,  and.  upon  the  filing  of  any  selec- 
tion list  covering  the  tract  in  which  he  is  interested, 
to  immediately  file  a  duly  corroborated  protest  under 
oath,  setting  forth  the  nature  of  his  claim.  This 
would  insure  the  adjudication  of  all  claims  prior  to  any 
final  disposition   of   the   land.^" 

The  grant  to  the  Northern  Pacific  Railroad  Company 
in  Montana  and  Idaho  is  being  adjusted,  as  to  the 
mineral  character  of  the  lands,  under  the  act  of  Feb- 
ruary 26,  1895,  and  claimants  must  protect  their  rights 
in  accordance  with  the  terms  thereof.^*^ 

AS  TO  THE  CHARACT.  H  OF  LAND. 


By  Section  2318,  United  States  Rev  d  Statutes,  all 
"lands  valuable  for  mineral  shall  be  ^served  from 
sale,  except  as  otherwise  expressly  directtv  by  law."^^ 
Act  of  July  4,  1866  (14  Stat.  86),  re-enacted  May  10, 
1872  (17  Stat.  91). 

It  has  been  held  that  the  character  of  land  is  open 
to  question  until  the  issuance  of  final  certificate  of 
entry  for  an  agricultural  clairi;,  but  that  a  discovery 
of  valuable  mineral  after  tht  dati'  of  such  certificate 
will  not  affect  the  title  under  <.ho  agricultural  entry.'-'* 

According  to  Section  2319.  United  States  Revised 
Statutes,  all  public  lands  in  the  States  subject  to  the 
mining  laws  are  open  to  exploration,  occupation  and 
purchase  under  these  laws  if  mineral. 

The  miner  has,  therefore,  the  right  to  prospect,  even 
though  his  operations  are  carried  on  upon  land  set- 
tled and  improved  and  claimed   as   agricultural,   pro- 

19  See  Departmental  circular  of  July  9,  1894  (19  L.  *D., 
21),  and  paragraphs  103  to  U.S.  inclusive,  of  the  mining  cir- 
cular approved   December  IT),   1897,   pages  167  to  170, 

20  Circular  Instmctlons,  20  L,  D.,  350;  Sweeney  t.  N.  P.  E. 
R.    Co.,    21   L.    D.,   65. 

21  Davis'  Adm'r  v.  WeibboUV  139  U.  S..  507.  and  cases 
therein  cited:  Deffeback  v.  Hawke,  116  U.  S.,  392;  Sparks  v. 
Pierce,  lir.  U.  S.,  408. 

22  DiTeback  v.  Hawke,  115  0.  S.,  392;  Sparks  v.  Pierce, 
115   U.   S.,   408. 


OF  Till-:  UNITKD  STATES. 


13 


vidccl  final  agricultural  entry  has  not  been  made.  He 
has  no  right  to  damage  the  improvements  of  the  agri- 
cultural claimant,  or  to  interefere  with  his  legitimate 
use  of  the  land  for  such   purposes.-^ 

Should  the  agricultural  claimant  believe  himself 
damaged  by  the  acts  of  miners  or  prospectors,  he 
should  apply  to  the  local  courts  for  relief.  The  ex- 
ecutive branch  of  the  Government  will  not  exercise 
jurisdiction  to  settle  disputes  relative  to  the  right  of 
possessio.!.  between  rival  claimants.  It  is  only  when 
one  or  the  other  seeks  to  acquire  the  legal  title  that 
action  will  be  taken  by  the  Department  of  the  In- 
terior, and  then  only  to  determine  to  whom,  under 
the  law,  patent  should  issue.  To  illustrate:  When  an 
agricultural  claimant  submits  final  proof,  he  is  re- 
quired to  make  a  prima  facie  showing  that  the  land 
claimed  by  him  is  non-mineral.  If  the  proof  on  this 
point  is  not  disputed  and  there  is  compliance  with  law 
in  other  particulars,  his  final  entry  is  allowed  as  a 
matter  of  course.  Should  it  be  alleged,  however,  that 
the  land  is  mineral,  by  affidavits  duly  corroborated,  a 
"hearing"  to  determine  this  issue,  at  which  both  par- 
ties to  the  controversy  may  appear  and  submit  testi- 
mony, is  held,  and  thereafter  such  decision  is  ren- 
dered as  may  be  warranted  by  the  facts  disclosed.-* 
It  often  happens  that  protests,  alleging  the  mineral 
character  of  lands,  are  filed  after  final  agricultural 
entry  has  been  allowed  thereon.  To  raise  an  issue, 
such  protests  must  be  to  the  effect  that  the  lands 
were  of  known  mineral  value  prior  to  the  date  of  final 
agricultural  entry.  Likewise  an  agricultural  claimant 
may  contest  an  application  for  mineral  patent,  and  it 
may  be  stated  as  a  general  rule  that  the  Department 
will  not  take  any  measures  to  determine  the  char- 
acter of  the  public  lands,  whether  mineral  or  non-min- 
eral, until  an  application  for  a  grant  of  the  legal  title 
thereto  is  submitted.-"' 

It  should  be  remembered  in  this  connection  that  jur- 
isdiction to  determine  the  character  of  the  public 
lands  is   vested   exclusively    in   the  Executive,    acting 

23  McClintock  v.  Brydon.  5  Cal..  97;  Clark  v.  Duval,  15 
Cal.,  85;  Lentz  v.   Vlotor,   17  Cal..  271. 

24  Caribou    Lode,    24   L.    D.,    488. 

25  C.  P.  R.  R.  Co.,  8  L.  D.,  30. 


i^/^jg^Mttantaimum 


■  [imliriiynTii 


J   1 


5 

4 


<} 


14 


MINERAL  LAND  LAWS 


through  the  Land  Department,  the  judgment  of  which 
is  final.-"  The  courts  may  determine  the  right  of  pos- 
session. Such  action,  however,  does  not  carry  with  it 
the  legal  title,  altiiough  the  right  of  possession  and  tlie 
right  to  the  legal  title  may  be  in  the  same  individual. 

A  valid  location  of  mineral  land  confers  a  vested 
right,  and  the  mining  claimant  whose  land  has  been 
patented  to  a  railroad  company,  to  a  State,  or  to  an 
individual  as  non-mineral  through  mistake,  or  upon 
fraudulent  representations,  may  still  by  a  direct  pro- 
ceding  in  the  courts  have  his  rights  enforced  as  against 
the  patentee. 

It  may  be  stated  that  in  all  cases  where  the  gov- 
ernment is  under  equitable  obligations  to  protect  the 
rights  of  the  aggrieved  party,  it  will  institute  proceed- 
ings in  a  court  of  equitv  to  have  the  improvidently 
issued  iiatent  set  aside,  to  the  end  that  it  may  there- 
after grant  the  legal  title  to  the  one  to  whom  it  right- 
fully  belongs.-^ 

LOCATION. 

Under  the  statute  (Sec.  2320,  U.  S.  Rev.  Stat.)  th^ 
first  step  in  the  acquisition  of  title  to  the  mineral  lands 
of  the  United  States  is  discovery,  the  second,  location, 
the  vhird,  performance  of  annual  labor,  commonly 
called  "assessment  work,"  and  the  fourth  and  last, 
entry  or  purchase. 

The  first  three  confer  upon  the  miner  a  conditional  or 
qualified  title  subject  to  forfeiture  by  failure  to  com- 
ply with  the  conditions;  the  last,  if  there  be  no  defect 
or  irregularity  in  the  proceedings,  vests  in  <he  claim- 
ant a  title  which  the  Government  is  bound  to  cr.rry 
into  patent.  The  first  title  is  possessory,  the  second 
equitable,  and  the  patent  carries  with  it  the  whole 
title  of  tile  Government. 

Under  the  mining  laws  of  Congress  every  valid   lo- 

20  .ToluiHon  V.  T<)\vsl(>.v.  i:{  vvall..  72;  Slicplcy  v.  Cowiiii.  U\ 
U  S.,  ;5;U);  Mudiv  V.  U(»l)hins,  U(!  V .  K..  Mw,  liiiiiiby  v.  Conlaii. 
104  V.  S..  42(»;  SI.  Louis  Sni.  Co.  v.  Kciiii).  Kd  T.  S..  <!;{<;; 
S(('cl  V,  St.  Louis  .Sm.  Co.,  1(>(!  I'.  tS..  417;  Li«i«  v.  .loiuisoii. 
\U\  V.  S.,  4M;  Allien  v.  Fcnv,  0  Sawy..  70;  Atiioni  11111  M.  ("«». 
V.    Sr»   M.   <'(>..   12  Sawy..  :\nrr,   Talhott   v.    Kiiif,',  (>   .Moi\t..   70. 

27  VuhiH\  StalcH  v.  Stone.  2  Wall..  '^2^.;  (Quoted  ai.r-io.'- 
Inm'ly  in  .MuUan  '.  I'nilrd  Slatt's.  118  U,  S.,  271);  Chicayo 
Quartz  Miiu'   v.  nUvcr,    75  C*..i.,   104. 


mk 


OF   THE  UNITED   STATES. 


15 


cation  of  a  mining  claim  is  accompanied  by  tlie  riglit 
to  tiie  exclusive  possession  and  enjoyment  of  the  soil 
of  such  claim.  This  right  is  not  a  mere  easement. 
Upon  complying  with  the  terms  and  conditions  of  said 
laws  the  locator  may  have  an  absolute  conveyance  of 
the  property.-** 

The  holder  of  a  possessory  title  under  the  mining 
laws  is  not  bound  to  apply  for  patent,  or  to  pay  for  the 
use  of  the  land.  "The  miner  having  located  his  claim, 
is  to  be  treated  as  an  express  licensee  of  the  United 
States  and  independent  of  a  purchase  from  the  Gov- 
ernment of  his  mining  claim,  he  has,  upon  compliance 
with  the  terms  of  the  act  a  right  to  appropriate  the 
minerals  therein  contained.  A  title  in  fee  by  patent 
is  offered  him,  which  he  may  at  his  pleasure  accept  or 
reject."  There  is  no  time  r.i'escribed  within  which  he 
shall  apply  for  a  patent.-" 

So  long  as  he  relies  upon  his  possessory  right,  how- 
ever, his  title  is  somewhat  uncertain,  and  he  may  lose 
a  valuable  property  through  the  negligence  or  bad 
faith  of  his  agents.  The  valid  location  of  a  mining 
claim  is  a  grant  from  the  Government  to  the  person 
making  the  location.  The  location  is  the  inception  of 
the  grant,  and  *he  patent  is  its  consummation.  The 
grant  is  keiJi.  alive  by  represeiitalion  (vvork).  A  fail- 
ure to  represjiit  forfeits  ihe  grant  and  makes  void  the 
title  acquired  by  location,  and  the  ground  thereuuon 
becomes  again  su])ject  to  location  and  purchase.-'" 

If  the  gror.'id  claimed  has  not  already  been  appro- 
priated by  a  i)rior  claimant,  and  is  of  the  character 
alleged,  by  the  successive  steps  of  discovery,  location 
and  annual  expenditure,  the  miner  has  acquired  a 
vested  right,  a  property  capable  of  being  transferred, 
sued  for,  etc.,  as  other  real  estate,  subject  only  to  the 
paramount  title  of  the  United  Siates.  and  the  courts 
will  protect  him  in  the  full  and  free  enjoyment  thereof. 

Locators  of  mlnin*?  clahns,  so  long  as  they  comply 
with  the  law,  have  "the  i^xclusive  right  of  possession 


28  Silver  Row  M.  &  M.  Co.  v.  Clavk,  5  Mont.  ."JTS;  TaHxitt 
V.   Khif,',   fi  Mont.,  7(i. 

LM>  Wcilllf.v  V.  LclmiKtn  M.  To,  4  Tolo..  111.':  riiiipniMn  v. 
Toy  Loiif,',  4  Snwv.,  2S;  T^chiiiKiu  M.  ("o.  v.  Coiih.  Uciiiihllcnii 
Mtn.  M.  Vo.,  (i  ("olo.,  .'{71;  «Jol(l  Mill  guaitz  M.  Co.  v.  Isli, 
Ti  OifK.,   104. 

m    Uonshuw  V.   Switzor,   0  Mout.,  404. 


P^s^TE^JWraWi"^ 


16 


MINEUAL  LAND  LAWS 


and  enjoyment  of  all  the  surface  included  within  the 
lines  of  their  locations."  This  is  a  right  of  property, 
and  the  claimant  must  protect  himself  from  tres- 
passers by  proceedings  in  court.^^  Mining  claims  held 
by  possessory  title  are  property  in  the  fullest  sense  of 
the  word,  and  may  be  sold,  transferred,  mortgaged  and 
inherited,  and  a  location  made  in  accordance  with  law 
has  the  effect  of, a  grant  by  the  United  States  of  tba 
right  of  present  and  exclusive  possession. •'- 

The  estimated  mineral  area  is  sixty-five  million  ii(  •'  ;•, 
Since  the  passage  of  the  first  mining  law  twenty-n.'.e 
thousand  patents  have  been  issued,  covering  on  an 
average  probably  twenty-five  acres  each,  and  it  is 
estimated  that  there  are  at  this  time  between  four 
and  five  hundred  thousand  valid  mineral  locations. 
According  to  this  estimate  the  greater  number  of 
miners  prefer  to  hold  their  claims  under  possessory 
title. 

The  laws  of  the  different  States  and  Territories, 
and  the  regulations  of  the  various  mining  districts, 
differ  greatly  as  to  what  constitutes  a  discovery  of 
valuable  mineral,  and  the  courts  are  no  more  uni- 
form in  their  opinions  on  this  subject.  But  something 
must  be  found  in  place,  as  rock,  clay  or  earth,  so 
colored,  stained,  changed  and  decomposed  by  the  min- 
eral elements  as  to  mark  and  distinguish  it  from  the 
inclosing  country.^-'  On  this  subject  the  courts  have 
said: 

"A  vein  is  discovered  when  there  is  disclosed  a 
well-defined  body  of  rock  In  place  carrying  gold,  which 
body  subsequently  proves  to  be  continuous."  The 
only  line  of  demarkation  between  the  vein  and  the 
country  rock  may  be  the  commencement  of  the  rock 
to  bear  mineral.  Regular,  well-defined  and  easily- 
distinguished  walls  are  not  esse^nial  to  the  existence 
of  the  vein.  It  is  not  necessary  that  the  ore  found 
shall  be  'pay  ore,'  for  what  is  waste  to-day  may, 
with    changed    surrounding   circumstances,    prove    to 


J 
<« 


a 


4 


:n    Lewis  SnilDi,   1  L.  D.,  GIH. 

32  ForlK'S  V.  Grnooy.  {>4  V.  R..  7fi2;  Hoik  v.  >.i(' vtrhor.  104 
II.  W.,  21U.  (S  •«•  ;{  Mdiit.,  cr.;  1  Mor.  M'li.  ''(«;)..  r>Vh.'  Jlwtlliin 
V.  DoiiiU'llan.  rrr>  V.  S..  4r.;  N()V(>h  v.  MiumIc.  127  !  -i..  'MH; 
Miiiuiol  V.  Wnin'.  ir)2  I'.  S.,  nor.;  SiUiiv,-!  V.  Lvi:  isiiver  M. 
Co.,  14a  U.  S.,  431. 

33  BuiUe  V.  McDouaki,  2  Idaho,  646. 


mm 


5 


OF   THE   UNITED   STATES. 


17 


in  the 
»perly, 
tres- 
s  held 
nPo  of 
3d  and 
th  law 
of  tl-?. 

,  af  '■  ;-. 

on  an 
1  it  is 
n  four 
;ations. 
iber  of 
ses'sory 

'itories, 
istricts, 
very  of 
re  uni- 
nething 
rth,  so 
le  min- 
■om  the 
s  have 

losed    a 

which 

The 

nd    the 

|ic  rock 

oasily- 

istonce 

found 

may, 

ove    to 


HitT.    104 
{Iwlllim 

lilvt'i"    M. 


be  'pay  ore'  to-morrow. "^^  "The  law  will  not  distin- 
guish between  different  kinds  and  classes  of  ores,  if 
they  have  appreciable  value  in  the  metal  for  which 
the  location  was  made.  Nor  is  it  necessary  that  the 
ores  shall  be  of  economical  value  for  treatment.  It 
is  enough  that  it  is  something  beyond  a  mere  trace 
which  can  be  positively  and  certainly  verified  as  exist- 
ing in  the  ore."^^ 

The  National  statute  merely  requires  that  a  discovery 
of  valuable  mineral  be  made,  and  any  evidence  which 
establishes  the  existence  of  a  vein  or  lode  of  quartz 
or  other  rock  in  place  carrying  one  or  more  of  the 
minerals,  or  of  a  placer  deposit  valuable  as  a  mine, 
would   be   satisfactory. 

The  statutes  of  the  United  States,  however,  in  mat- 
ters affecting  the  possessory  title  (Sees.  2320  and 
2324,  U.  S.  Rev.  Stat.),  recognize  the  right  of  the  State 
or  Territory  or  Mining  District  to  make  laws  or  regu- 
lations determining  the  details  of  discovery,  location 
and  annual  labor  within  certain  limitations.  These 
limitations  are;  (1)  That  the  location  must  be  distinct- 
ly marked  on  the  ground  so  that  its  boundaries  may 
be  readily  traced;  (2)  that  all  records  of  mining 
<'laims  shall  contain  the  name  or  names  of  the  loca- 
tors, the  date  of  the  location,  and  such  a  description 
of  the  claim  or  claims  located,  hy  reference  to  a  natural 
object  or  permanent  monument,  as  will  identify  the 
sa-me;  and  (3)  that  on  each  claim  located  at  least  one 
-iindred  dollars'  worth  of  labor  shall  be  performed  or 
improvements  made  during  each   year. 

Mining  district  rules  are  a.  part  of  the  law  of  the 
land,''"  and  the  custom.s  of  miner.s  constitute  the  com- 
mon law  of  mining,  and  have  ])een  recognized  by  Nat- 
ional and  State  statutes  and  by  the  courts,  when  rea- 

34    Golden  Terra   M.  Co.   v.   Smith   (Mahler),    2  Dali.,  :{77. 

;{r»  Stevens  v.  Williams.  1  McCrarv.  4S().  (Quoted  in  Shreve 
V.  Copper  Hell  M.  Co.,  11  Mont.,  ;u»!»).  Cases  eited:  Krhanlt 
".  Hoaro.  li:i  11.  S..  WT;  4  Mor,  Min.  Uei).,  A'Xl;  Iron  Silver 
M.  Co.  V.  Cheesman.  110  V.  S.,  r>l.'J(:  E\irelva  Case.  4  Sawy., 
;f02;  North  Nooiidav  M.  <"o.  v.  (trlent  M.  Co..  1  l''ed.  Kt'p.,  522; 
.liil>iler  M.  ViK  V.  n(»<lle  Cons.  M.  <V)..  11  Eed.  Uep-.  ''•<!«'>: 
lliirrinKtoii  v.  ClianilnTS.  ;!  IMah.  1»4.  (See  111  V.  S..  ;!r>(»; 
'I'erritor.v  v.  Maekey.  S  Monl..  1C.S;  Mi-rrill  v.  IMxon,  15  N.-v., 
40-!. 

:!({    Morton    v.    Solanilto    M.    <'o..    2(5    Cal..    527;    (Jroi)per    v. 
Kin^'.   1   I'ae.   Hep.,   755. 
o 


18 


MINKUAL   LAM)   LAWS 


i 


soiiable  in  themselves  and  not  in  conflict  witli  any 
iiiglier  law.^^  Congress  recognized  tlie  possessory  right 
of  miners  under  the  rules  of  the  mining  districts,  but 
in  doing  this  it  has  not  parted  with  its  title  to  the 
land/« 

The  ord.  .  hich  mining  laws  are  authoritative  are: 

first,  NatiCi  second,  State  or  Territorial;    and  third, 

Mining  Distri  ;  and  the  last  two  are  of  no  effect  if 
they  attempt  to  regulate  matters  in  which  jurisdiction 
is  not  conferred  by  the  sections  of  the  mining  act 
heretofore  named.  To  be  of  effect  a  mining  district 
regulation  must  be  in  accordance  with  the  laws  of  the 
United  States  and  of  the  State;  must  have  been  estab- 
lished and  must  be  in  force,  as  it  does  not,  like  a 
statute,  acquire  validity  by  its  mere  enactment,  but 
from  the  custc^nary  obedience  and  acquiescence  of  the 
miners,  after  its  enactment.""*  The  jurisdiction  of  the 
State  or  the  mining  district  is  limited  to  laws  and 
rules  affecting  the  extent  and  manner  of  working 
mining  claims.^" 

The  miner  having  made  a  discovery,  and  being  de- 
sirous of  securing  the  same  to  himself,  should  there- 
fore inform  himself  as  to  all  such  laws  and  proceed  in 
compliance  therewith.  Should  there  be  a  conflict  of  law 
or  of  regulation,  he  should  be  governed  by  that  of 
highest   authority. 

• 

MINING    DISTRICTS. 

It  may  be  well  at  this  place  to  note  briefly  the  origin, 
mediod  of  organization  and  jurisdiction  of  the  local 
mining  district. 

Long  before  there  was  any  National  legislation  rela- 
tive to  the  mineral  lands  upon  the  public  domain,  sys- 
tems of  local  mining  laws,  growing  out  of  the  necessi- 
ties of  the  miners,  had  been  established  where  rich 
mineral  discoveries  had  brought  together  large  num- 
bers of  prospectors.  These  regulations  were  framed 
to  flt  the  needs  of  each  particular  locality.    It  has  been 


37  TTptnn    ';.    Larkhi.    7    Mont.,    441);    S.    C, 
UoHciithal   V.    IVHS,   2   Itliiho,   244. 

38  Kdibps  V.  Graroy,  94   V.   S..  702. 
31>    North  Nooiwlny  M.  Co.  v.  Orient  M 
40    Toriitoiy   v.  Loo,  2  Mout.,   124. 


Mont.,    000; 


Co..  1  Foil.  R.p..  522. 


OF    TllIO   UNITICD   STATES. 


19 


said:  "The  Land  Department  of  the  government,  and 
this  court  also,  have  always  acted  upon  the  rule  that 
all  mineral  locations  were  to  be  governed  by  the  local 
rules  and  customs  in  force  at  the  time  of  the  location, 
when  such  location  was  made  prior  to  the  passage  of 
any  mineral  law  by  Congress. "^^ 

This  matter  of  local  organization  had  its  greatest 
development  in  California,  and  the  regulations  adopted 
in  other  sections  of  the  country  were  largely  modeled 
upon  the  California  methods. 

Many  mining  district  organizations  were  in  existence 
at  the  date  of  the  mining  act  of  May  10,  1872,  and 
Congress  therein  recognized  them  and  authorized  their 
continuance.^-  It  is  not  seen,  however,  what  good  pur- 
pose is  subserved  by  the  perpetuation  thereof.  All  of 
the  mining  States  have  adopted  more  or  less  complete 
mining  codes,  and  the  organization  of  local  mining 
districts  is  gradually  being  abandoned.  It  would  seem 
that  since  the  passage  of  the  United  States  mining 
statutes,  and  the  legislation  supplemental  thereto  by 
State  legislatures,  there  exists  no  necessity  for  the 
local  mining  district,  and  the  process  of  acquiring  title 
to  the  public  mineral  lands  would  be  relieved  of  many 
vexatious  complications  if  the  organization  thereof 
were   abandoned  altogether. 

The  general  government  has  no  jurisdiction  over 
mining  districts;  it  exercises  no  supervision  over  the 
regulations  thereof,  and  when  an  application  for  patent 
is  presented,  if  the  proceedings  appear  to  be  in  accord 
with  the  United  States  statutes,  the  ase  is  passed 
unless  it  be  specifically  alleged  that  som^^  material  and 
valid  State  law  or  mining  district  regulation  has  been 
ignored  or  violated  by  the  claimant.  In  suc.i  event  an 
investigation  might  be  made  and  such  action  be  taken 
as  the  facts  warrant.  The  Land  Department  cannot 
interfere  in  disputes  between  miners  as  to  the  affairs 
of  a  mining  district.  Its  sole  duty  is  to  recognize  the 
local  laws  when  not  in  conflict  with  statutes.  State 
and  National.^'' 


41  Clacl.T  Mtii.  S.  .M.  Co.  v.  Willis,  127  V.  S..  471.  (CithiK 
JiMinlsitu  V.  Kirk,  W  \\  S.,  4r>;{;  HrodtT  v.  NiiUiiuh  Walcr  iV 
M.  Co.,  101  r.  S..  Ii74;  JiK.'kson  v.  H«>li.v.  1UI>  I'.  S.,  44U; 
CliimilKTS  V.   Hiiriiiintdii,    111   U.   S.,   3rt<>). 

42  See   Sec.    21V24   V.    S.    Uov.    Stat.,    p.    Il.'4. 

43  Couif  to  J.   N.   BiiikiT,  Juu.  U,   IW^, 


20 


MINERAL  LAND   LAWS 


However,  should  the  miners  of  any  community  deem 
it  necessary  or  desirable  to  establish  an  organization 
of  this  kind,  a  common  form  of  procedure  is  to  call 
a  public  meeting  for  that  purpose.  This  meeting  should 
adopt  a  set  of  rules  prescribing  the  offlcers  of  the 
district  and  defining  their  duties;  fixing  the  boundaries 
of  said  district  and  giving  a  name  thereto,  and  regu- 
lating the  "location,  manner  of  recording,  and  the 
amount  of  work  necessary  to  hold  possession  C  a 
mining  claim,"  within  the  limitation  of  the  stat  ite. 
The  officers  provided  for  by  the  regulations  should 
then  be  elected,  and  will  thereafter  discharge  the  du- 
ties prescribed.  The  principal  officer  of  a  mining  dis- 
trict is  the  Recorder,  whose  duty  it  is  to  make  a 
record  of  all  locations,  and  of  all  other  papers  affecting 
the  title  to  mining  claims  within  the  district.  The 
General  Land  Office  will  not  instruct  mining  recorders 
relative  to  their  rights  or  duties." 

Inasmuch  as  the  district  organization  is  apt  to  be 
abandoned,  and  the  books  lost  or  destroyed,  it  some- 
times becomes  a  matter  of  much  difficulty  to  furnish 
a  complete  chain  of  title  by  means  of  a  proper  abstract, 
and  claimants  are  frequently  forced  to  establish  title 
by  proceeding  under  section  2332,  United  States  Re- 
vised Statutes.  All  State  governments  have  legislated 
with  great  care  on  the  general  subject  of  real  prop- 
erty, and  have  provided  that  all  transactions  affecting 
the  title  thereto  shall  be  made  a  matter  of  public  rec- 
ord, usually  with  the  county  recorder,  in  permanent 
volumes  of  records  provid^^d  for  that  purpose,  and  kept 
in  a  safe  place.  Were  it  a  general  requirement  that  all 
papers  affecting  titles  to  mining  claims  be  recorded 
with  the  county  recorder,  it  would  be  possible  at  any 
time  to  procure  an  abstract  showing  the  condition  of 
any  title.^^ 

LODE     LOCATIONS. 

The  miners  acquire  a  complete  possessory  title  by 
discovery,  location  and  continued  possession  by  the 
performance  of  the  annual  laV)or  prescribed  by  statute. 
This  possession  does  not  necessarily  mean  actual 
physical  occupancy  of  (he  premises,    and   the  several 


44  ComV  to  J.   O.    Fnin,    .Tfin.   18,   18U2. 

45  Soe  paragraph  76,   page   150, 


Olf  THE  L\\t'rED   STATES. 


21 


acts  of  appropriation  named  may  be  performed  by  an 
agent. 

A  valid  location  may  be  made  l}y  one  aclinK  aw  agent 
for  another,"*  and  the  acts  required  aa  evidence  of 
possession  of  mining"  claims  are  those  usually  done. 
This  possession  may  be  held  by  the  miner's  agents  or 
serv^ants.*^ 

The  statute  of  the  United  States  merely  prescribes 
that  prior  to  the  location  of  a  mining  claim  a  discov- 
ery of  valuable  mineral  shall  be  made.'"*  Many  of  the 
States  and  Territories  require  the  discoverer  to  sink 
a  discovery  shaft,  and  in  those  States  in  which  no 
fixed  time  is  prescribed,  a  reasonable  time  is  allowed 
within  which  to  complete  the  location.^" 

The  location  should  be  laid  along  the  strike  or  course 
of  the  vein,  and  as  the  law  allows  but  three  hundred 
feet  on  each  side  of  the  center  of  the  vein,  the  location 
of  the  claim  is  void  as  to  any  excess  over  that  amount. 

A  vein  need  not  necessarily  crop  out  on  the  surface 
in  order  that  a  location  may  be  properly  laid  upon  it; 
but  where  the  vein  does  crop  out  along  the  surface, 
or  is  slightly  covered  by  foreign  matter,  so  that  the 
course  of  the  apex  can  be  readily  ascertained,  this 
course  should  be  substantially  followed  in  laying 
claims   and  locations   upon   it.''" 

The  top  or  apex  of  the  vein  must  be  within  the  claim 
located,  otherwise  the  claimant  will  have  no  right  to 


46  Gore  v.  McBra.ver.  18  Cal.,  582;  Morton  v.  Soliunbo  M. 
Co.,  20  Cal.,  527;  Murh^y  v.  Knnis,  2  Colo..  800;  Kranu'r  v. 
Settle,  1  Idaho,  485;  Schultz  v.  Keeler,  2  Idaho,  'M:'-,  Dunlai) 
V.  Pattison,  42  Pac.   Kei>.,  504. 

47  English  v.  Johnson,  17  Cal.,  107;  Strepy  v.  Stark,  7  Colo., 
G14. 

48  Jackson  v.  Rohy,  109  U.  S.,  440;  Jupiter  M.  Co.  v.  Bodio 
Cons.  M.  Co.,  11  Fed.  Hep.,  6fi(>;  MeGinnis  v.  Egb»n-t,  8  Colo., 
41;  Bryan  v.  McCaig,  10  Colo..  ;U)t);  Burke  v.  McDonald,  2 
Idaho,  045;  Golden  Terra  M.  Co.  v.  Smith  (Mahler).  2  Dak., 
;{77;  Upton  v.  Larkin.  7  Mont.,  44!);  S.  C.  5  Mont..  (500;  (i  Pac. 
Uep.  (!(!;  Gleeson  v.  Martin  White  M.  C^Oy  13  Nev.,  442;  Over- 
man Silver  M.  Co.  v.  Corcoran,  15  Nev.,  147;  Waterloo  M.  (^o. 
V.  I)oi>,  17  L.  I).,  Ill;  Etllng  V.  Potter,  17  L.  D..  424;  W'inter 
Lode,   22    L.    D.,    3U2. 

49  Electro-Magnetic  Co.  v.  VanAnken.  11  Pac.  Rep..  80; 
Erhardt  v.  Boaro,  113  l\  S..  527;  Murlcy  v.  Ennls,  2  (^olo., 
3»)0;  Patterson  v.  Hitchcock,  3  C(do.,  5;{3;  Gleeson  v.  Martlu 
White    M.    Co..    13   Nev.,   442. 

50  Flagstaff  S.  M.  Co.   v.  TarhctI,  5(8  U.  S.,   403. 


82 


MINERAL  LAND   LAWS 


work  the  vein  on  its  clip  outside  of  the  surface  lines 
of  liiH  claim. 

Section  2322,  United  States  Revised  Statutes,  gives  to 
the  owner  of  the  apex  of  a  vein  or  lode  not  only  all 
that  is  covered  by  the  surface  lines  of  his  claim  as 
those  lines  are  extended  vertically,  but  it  gives  him  the 
right  to  possess  and  enjoy  the  lode  or  vein  by  follow- 
ing it  on  the  dip  when  It  passes  outside  of  these  vertical 
lines  laterally/'^ 

The  end  lines  of  the  claim  must  be  parallel.  Within 
these  limitations  as  to  width  and  parallelism  of  end 
lines,  the  claim  may  assume  any  form  the  miner  finds 
desirable  or  necessary.  It  r  ''y  take  the  full  width,  six 
hundred  feet,  at  one  end  and  be  extremely  narrow  at 
the  other.  Great  care  should  be  exercised  in  the 
matter  of  end  lines.  While,  according  to  some  of  the 
decisions,  a  claim  miglit  be  patented  with  non-parallel 
end  lines,  yet  such  a  condition  would  prevent  the 
cl  imant  working  the  vein  should  it  dip  beyond  his 
side  lines — a  very  important  consideration  in  most 
cases.  It  was  said  by  the  United  States  Supreme  Court 
in  the  case  of  Iron  Silver  Mining  Co.  v.  Elgin  Mining 
and  Smelting  Co.  :^'- 

"Under  the  act  of  1866  (14  Stat.,  251),  parallelism  in 
the  end  lines  of  a  surface  location  was  not  required, 
but  where  a  location  has  been  made  since  the  act  of 
1872,  such  parallelism  is  essential  to  the  existence  of 
any  right  in  the  locator  or  patentee  to  follow  his  vein 
outside  of  the  vertical  planes  drawn  through  the  side 
lines.  His  lateral  right  by  statute  is  confined  to  such 
portion  of  the  vein  as  lies  between  such  planes  drawn 
through  the  end  lines  and  extended  in  their  own 
direction;  that  is,  between  parallel  vertical  planes. 
It  can  embrace  no  other  portion." 

Non-parallelism  of  the  end  lines  will  not  defeat  the 
right  of  the  locator  on  the  apex  of  a  lode  to  follow  the 
lode  on  its  dip,  if  the  end  lines  converge  in  the  direc- 
tion of  the  dip,^as  the  non-parallelism  in  that  case 
would  only  operate  to  restrict  the  rights  of  the  claim- 
ant.'^'' 

51  Iron  Silver  M.  Co.  v.  C'lit'esman,  110  U.  S..  r)29;  Iron 
Mlno  V.  liOi'Uu  Mine,  3  Fed.  Ht'p.,  •<*>''^.  (Also  reported  as  Iron 
Silvor  M.   Co.   V.   Murphy,    1   Mor.    Min.    Ilt'p.,  MH). 

r)2    IIH    U.    S..    lUO. 

M  Ciirson  VHy  G.  &  S.  M.  Co.  v.  Nortli  Sdu  M,  Co.,  73 
F(>d.    l{(>i).,    r»07. 


OP  THE  UNITED   STATES.  28 

Tl  the  claim  is  a  vein  or  lode  claim  the  locator  is 
permitted  to  take  a  tract  fifteen  hundred  feet  long  by 
six  hundred  feet  wide  by  the  Uniied  States  statute, 
unless  limited  by  prior  adverse  rights.  This  width  is 
in  some  places  limited  by  State  statute.  The  Colorado 
statute  limits  the  width  to  one  hundred  and  fifty  feet 
in  Gilpin,  Clear  Creek,  Boulder  and  Summit  counties, 
and  to  three  hundred  feet  in  the  other  counties  of  the 
State.  In  the  other  States  and  Territories  the  full 
width  of  six  hundred  feet  is  allowed,  unless  there  is  a 
limitation   prescribed  by  mining  district  rules. 

The  definition  of  a  lode  given  by  geologists  is  that 
of  a  fissure  in  the  earth's  crust  filled  with  mineral 
matter,  or,  more  accurately,  an  aggregation  of  min- 
eral matter,  containing  ores  in  fissures.''*  A  vein  is  an 
"aggregation  of  mineral  matter  in  fissures  of  rock."''° 

The  courts  have  defined  veins  or  lodes  in  this  lan- 
guage: "A  vein  or  lode  authorized  to  be  located  is  a 
seam  or  fissure  in  the  earth's  crust  filled  with  quartz 
or  some  other  rock  in  place  carrying  gold,  silver,  or 
other  valuable  mineral  deposits  named  in  the  statute; 
it  may  be  very  thin  and  it  may  be  many  feet  thick, 
or  thin  in  places,  almost  or  quite  pinched  out,  in  the 
miner's  phrase,  and  in  other  places  widening  out  nto 
extensive  bodies  of  ore.  So  also,  in  places,  it  may  be 
quite  or  nearly  barren,  and  at  other^j  be  immensely 
rich.  It  is  only  necessary  to  discover  a  genuine  min- 
eral vein  or  lode,  whether  small  or  large,  rich  or  poor, 
at  the  point  of  discovery  within  the  lines  of  the  claim 
located,  to  entitle  a  miner  to  make  a  valid  location, 
including  the  vein  lode.  It  may,  and  often  does, 
require  much  time  and  labor  and  expense  to  develop 
the  vein  or  lode,  after  discovery  and  location,  suffi- 
ciently to  determine  whether  there  is  a  really  valuable 
mine  or  not,  and  a  location  would  be  necessary  before 
incurring  such  expenses  in  developing  the  vein,  to  se- 
cure to  the  miner  the  fruits  of  his  labor  and  expense 
in  case  a  rich  mine  should  be  developed."""  "A  fissure 
In  the  earth's  crust,  an  opening  in  its  rocks  and  strata 
made  by  some  force  of  nature  in   which   the  mineral 


54    Van   Cottn   on  Ore   Doposits,    Primes'  Trans.,    20. 

f)5    BalnbrldRe  on   Mhies,  p.  2. 

56    North  Noonday  M.  Co.  v.  Orient  M.  Co..  1  Fed.  Rep..  .^.22. 


24 


MIXKUAL   LAND   LAWS 


is  deposited,  would  seem  to  be  essential  to  a  lode  in  the 
judgment  of  geologists.  But  to  the  practical  miner  the 
fissure  and  its  walls  are  only  of  importance  as  indi- 
cating the  boundaries  within  which  he  may  look  for 
and  reasonably  expect  to  find  the  ore  he  seeks.  A 
continuous  body  of  mineralized  rock  lying  within  any 
other  well-defined  boundaries  on  the  earth's  surface 
and  under  it  would  equally  constitute,  in  his  eyes,  a 
lode.  We  are  of  opinion,  therefore,  that  the  term  as 
used  in  the  acts  of  Congress  is  applicable  to  any  zone 
or  belt  of  mineralized  rock  lying  within  boundaries 
clearly  separating  it  from  the  neighboring  rock."''^ 

A  location  of  more  ground  than  is  allowed  by 
law  is  void  only  as  to  the  excess.''*'  The  local  mining 
district  regulations  may  limit  the  width  to  twenty-five 
feet  on  each  side  of  the  middle  of  the  vein,  and  a  loca- 
tion embracing  more  than  the  width  allowed  by  law  or 
regulation  on  each  side  of  the  middle  of  the  vein  is  void 
as  to  the  excess  but  not  in  its  entirety.""  It  has  been 
held  that:  "However  tortuous  might  be  the  course  of 
the  lode,  the  claimant  had  a  perfect  right  to  follow 
it  up  and  prepare  his  diagram  so  as  to  include  it,  to- 
gether with  the  surface  ground  on  each  side  thereof 
allowed  by  local  laws.  There  is  no  language  in  the  act 
that  requires  the  diagram  to  lie  in  the  form  of  a  par- 
allelogram or  in  any  particular  form.""" 


END    LINES. 

Each  locator  is  entitled  to  follow  the  dip  of  his  lode 
or  vein  to  an  indefinite  depth,  though  it  carries  him 
outside  of  the  side  lines  of  his  location;    out  this  right 


57  Iron  Silver  M.  Co.   v.  Cheestnan,    116  U.   S..  529. 

58  Flagstaff  S.  M.  Co.  v.  Taibott,  98  U.  S.,  4G3;  Richmond 
M.  Co.  V.  Ilo.se,  114  U.  S..  570 ;  .lupittT  M.  Co.  v.  Bodie  Cons. 
M,  Co.,  11  Fed.  llep,  66(!;  Terrible  M.  Co.  v.  Argentine  M.  Co., 
5  McCrary.  639;  Thompson  v.  Spray.  72  Cal.,  .528;  Atlilns  v. 
Hendree,  1  Idaho,  95;  Steniwinder  M.  Co.  v.  Kniina  &  Last 
Chance  C.»ns.  M.  Co..  2  Idaho,  421;  Bnrlje  v.  McDonald,  2 
Idaho,  640;  Hose  v.  Richmond  M.  Co..  17  Nev.,  25;  Hansen  v. 
Fletcher,  10  Utah,  266;  Doe  v.  Sanger.  8;{  Val.,  20.}; 
T.  M.  Empy,  10  C.  L.  ().,  102.  (Questioned  in  ITauswirtli  v. 
Butcher.  4  Mont.,  299). 

59  .lupiter  M.   Co.  v.  Bodie  Cons.  M.  Co.,  11  Fed.  Rep..  666. 

60  WolHey  v.  Lebanon  M.  Co.,  4  Colo.,  112. 


OF   THE  UNITRD   STATES. 


^ 


is  based  on  the  hypothesis  that  the  side  Unes  sulistan- 
tially  correspond  witli  tlie  course  of  the  lode  or  vein  at 
the  surface;  and  it  is  bounded  at  eacli  end  by  the  end 
lines  of  the  location  crossing  the  lode  or  vein,  and  ex- 
tended perpendicularly  downward  indelinitely  in  their 
own  direction."  "Under  the  act  of  1866  (14  Stat.,  251), 
parallelism  in  the  end  lines  of  a  surface  location  was 
not  requirer!, ;  but  where  a  location  has  been  made 
since  the  act  of'1872,  such  parallelism  is  essential  to  the 
existence  of  any  right  in  the  locator  or  patentee  to 
follow  his  vein  outside  of  the  vertical  planes  drawn 
through  the  side  lines.  His  lateral  right  by  the  statute 
is  confined  to  such  portion  of  the  vein  as  lies  between 
such  planes  drawn  through  the  end  lines  and  extended 
in  their  own  direction,  that  is,  between  parallel  verti- 
cal planes.     It  can  embrace  no  other  portion. ""'- 

If  the  end  lines  are  not  parallel  to  each  other  the 
location  is  not  void,  but  the  locator  has  no  right  to  the 
vein  outside  of  intersecting  vertical  planes  drawn 
downward  through  his  side  and  end  lines.  A  location 
may,  however,  be  amended  so  as  to  make  the  end  lines 
parallel  if  no  adverse  right  has  intervened."^  The 
extralateral  right  to  work  lodes  other  than  the  one 
specifically  located  is  governed  by  the  same  rule  as  the 
one  governing  the  lode  on  which  the  location  is  based. 

When  a  mining  claim  is  located  across  instead  of 
along  the  strike  or  course  of  a  vein,  the  side  lines 
become  end  lines  for  the  purpose  of  determinirer  the 
right  of  the  claimant  to  follow  his  lode  on  its    ;  o. '^ 

To  illustrate:  In  the  diagram  (Figure  1)  the  lines 
A-B  and  C-D  are  the  end  lines  of  the  claim  as  located. 
If  the  lode  is  found,  however,  to  run  in  the  course 
indicated  on  the  diagram,  the  side  lines  A-C  and  B-D 
would  be  considered  as  the  real  end  lines. 

When  the  lode  leaves  one  side  line  only,  however, 
the  matter  becomes  more  difficult;   but  it  has  been  held 


61  Flagstafif  S.   M.  Co.  v.  Tarbott,  98  U.  S..  463. 

62  Iron    Silver   M.    Co.    v,    Elgin    M.    &    Sm.    Co.    (Horseshoe 
Case),  118  U.  S.,  196. 

63  Doe    V.    Waterloo    M.    Co..    r>4    Fed.    Rop.,    9.15;    Doe    v. 
Sanger,    83    Cal..    liO.'t. 

64  Argentine   M,    Co.   v.  Terrible  M.   Co.,   122  V.   S,.  478. 


26 


MIXKR AL   LAND   LAWS 


that,  for  the  purpose  of  (leaning  the  claimant's  right  to 
follow  his  lode  on  the  dip,  a  new  end  line  will  be 
drawn  through  the  point  where  the  lode  intersects  the 
side  line  and  passes  from  the  claim,  parallel  with  the 


y^ 


Fig.   L 


Fig.  2. 


other  end  line,  as  indicated  by  the  end  line  a-b  on  the 
above  diagram"''  (Fig.  2). 

It  was  said,  in  substance,  in  the  case  of  King  v 
Amy  &  Silversmith  M.  Co.,  however,  that  where  a  loca- 
tion is  so  imperfect  as  not  to  give  the  locator  all  pos- 
sible rights  under  the  law,  the  court  cannot  relocate 
the  claim;  the  most  it  can  do  is  to  give  the  claimant 
such  rights  as  his  location  warrants.''" 

On  this  subject   see   also  Apex-Dip. 

05    Eureka   Cons.    M.  Co.  v.   Rlphnioiid  M.   Co..  4  Sawv      302 
60    ir)2  U.   S.,  222.  '   ' 


1 


OF   THE  UNITKD   STATES.  '  M 

POSTING    OF    LOCATION     NOTICE. 

Upon  makinpr  a  discovpry  the  prospector  should  post 
a  notice  at  the  discovery  point  briefly  describing'  his 
claim,  and  claiming  the  time  allowed  by  State  statute 
or  mining-  district  regulation  for  perfecting  his  location, 
giving  his  name  and  the  date.  No  particular  form 
of  notice  or  manner  of  posting  is  required  in  any 
of  the  States.  The  purpose  of  this  notice  is  to  protect 
the  miner  while  he  proceeds  to  take  the  other  steps 
prescribed  by  State  law  to  complet     his  location. 

The  United  States  law  does  not  require  the  posting 
or  recording  of  a  location  notice,  but  recognizes  the 
power  of  miners  to  require  such  notice  to  be  recorded; 
but  the  mere  recording  of  a  notice,  before  a  location 
is  made  on  the  ground,  is  a  nullity.*'^ 

A  location  notice  must  be  posted  at  the  discovery 
point  under  the  Colorado  law."* 

The  Montana  statutes  require  the  notice  of  location 
to  be,  posted  at  the  discovery  point.  But  the  fact  that 
no  mineral  was  found  at  the  point  where  the  notice 
was  posted  does  not  invalidate  the  location  if  mineral 
has  been  discovered  elsewhere  on  the  claim."" 

A  locator  who  posts  a  notice  on  his  claim  has  a 
reasonable  time  within  which  to  mark  the  boundaries, 
and  if  he  does  this,  he  cuts  out  any  adverse  rights 
which  were  initiated  between  the  dates  of  posting  his 
notice  and  marking  his  claim. ^^ 

The  erection  of  a  discovery  stake  and  posting  of  a 
notice  is  sufficient  to  protect  the  discoverer's  rights 
during  the  time  allowed  by  the  Colorado  statutes  for 
completing  a  location.''^ 

The  next  step  is  to  sink  the  discovery  shaft  or  other 
working  noted  above. 

As  to  the  effect  of  posting,  it  has  been  said: 
"A  mere  posting  of  notice  on  a  ridge  of  rocks  cropping 
out  of  the  earth,  or  on  other  ground,   that  the  poster 

67  Gregory  v.  Perslihaker.  73  €al..  109;  Book  v.  Justice  M. 
Co.,  58  Fed.   Rep..  106;   Allpn  v.   Dunlap.  24  Greg.,  229. 

68  McCaig  v.   Bryan,   10  Colo.,  309. 

69  O'Donnell  v.  Glenn,  8  Mont..  248. 

70  Doe  V.  Waterloo  M.  Co.,  70  Fed.  Rep.,  455;  Burke  v. 
McDonald,   2  Idaho,   1022. 

71  Erhardt  v.  Boaro.  2  MoCrary.  141.  See  113  U.  S..  527. 
to   same   et¥eet. 


^ 


28 


MINERAL  LAND  LAWS 


has  located  thereon  a  mining  claim,  without  any  dis- 
covery or  knowledge  on  his  part  of  the  existence  of 
metal  there,  or  in  its  immediate  vicinity,  would  be 
justly  treated  as  a  mere  speculative  proceeding,  and 
would  not  itself  initiate  any  right.  There  must  be 
something  beyond  a  mere  guess  on  the  part  of  the 
miner  to  authorize  him  to  make  a  location  which  will 
exclude  others  from  the  ground,  such  as  the  discovery 
of  the  presence  of  precious  metals  in  it,  or  in  such 
proximity  to  it  as  to  justify  a  reasonable  belief  in  their 
existence.  Then  protection  will  be  afforded  to  the  lo- 
cator to  make  the  necessary  excavations  and  prepare 
the  proper  certificate  for  record.  It  would  be  difficult 
to  lay  down  any  rules  by  which  to  distinguish  a  specu- 
lation from  one  made  in  good  faith  with  a  purpose  to 
make  excavations  and  ascertain  the  character  of  the 
lode  or  vein,  so  as  to  determine  whether  it  will  justify 
the  expenditures  required  to  extract  the  metal;  but  a 
jury  from  the  vicinity  of  the  claim  will  seldom  err  in 
their  conclusions  on  the  subject. ""- 

MARKING. 

After  the  prospector  has  made  a  discovery  upon  the 
apex  of  the  lode,  posted  his  notice,  and  has  determined 
the  course  or  strike  thereof,  he  is  reaJy  for  the  next 
a.ep,  which  is  the  marking  of  the  boundaries  thereof. 
Inasmuch  as  the  various  Slate  laws  differ  in  this  par- 
ticular, it  will  be  sufficient  in  this  connection  to  call 
attention  to  the  Colorado  statute,  which  requires  six 
substantial  stakes,  one  at  each  of  the  four  corner.*-  and 
one  in  the  center  of  each  side  line,  if  the  form  ot  the 
location  Is  a  parallelogran- . 

The  stakes  or  monuments  set  should  be  carefully 
maintained,  because,  if  destroyed,  an  error  in  the  de- 
scription recorded  may  becQme  of  serious  consequence. 
A  location  must  be  marked  to  be  valid."  In  the  absence 
of  a  statute  a  locator  has  a  reasonable  time  within 
which  to  stake  his  claim  after  discovery  and  posting 


72    Erhardt  v.    l^onro,    113  V.  S..  527. 

7;{  Newbill  V.  Thui-Bton,  ('.5  Cnl.,  410:  rimrla  v.  Mnliloon,  75 
('ill.,  284;  Nouebaunior  v.  Woodman.  8!)  ("al.,  iUO;  Hi-i-kt'i-  v. 
PiiKli.  9  Colo.,  58».  (Socotid  trial.  17  Colo..  24:\).  (Jhu'Hon  v. 
Martin  White  M.  Co.,  13  Nov..  442;  Gcorgo  S  Dodjjo,  0  C.  L. 
U.,  122. 


OF   THK   UNITKD   STATW8. 


■I 


of  notice.  (Twenty  days  held  to  be  a  reasonable  time.)" 
m  the  absence  of  local  statutes  or  regulations,  if  the 
center  of  the  claim  is  marked  by  stakes  c  monuments 
at  each  end,  with  a  written  notice  on  one  or  both 
describingf  the  claim  as  extending  from  stake  to  stake, 
with  a  certain  number  f  [  feet  surface  on  each  side  of 
said  line,  the  law  as  to  marking  of  the  claim  is  com- 
plied with.^^  A  mining  claim  marked  by  a  discovery 
monument  on  which  is  placed  the  notice  of  location, 
and  by  a  stake  at  each  of  the  three  corners  of  tho 
claim,  and  a  monument  at  the  center  of  each  end  line, 
leaving  one  corner  of  the  claim  unmarked,  is  Sufficient- 
ly marked  under  section  2324,  United  States  Revised 
Statutes,  providing  that  the  claim  shall  be  "distinctly 
marked  so  that  its  boundaries  can  be  readiiy  traced."'" 
The  United  States  law  does  not  detine  or  prescribe  the 
particular  kind  of  marks  which  shall  be  made  upon  a 
mining  location  nor  upon  what  part  of  the  claim  they 
shall  be  placed.  Any  marking  upon  the  ground  claimed, 
by  stakes  and  mounds  and  written  notices,  whereby 
the  boundaries  of  the  claim  may  be  readily  traced,  is 
sufficient." 

Where  the  boundaries  of  a  claim  are  not  kept  marked 
the  owner  will  not  be  allowed  to  say  that  his  boun- 
daries were  not  correctly  described  in  his  record  of 
location  as  against  one  whose  location  did  not  con- 
flict with  tho  prior  location  as  described  on  the 
record.""* 

A  locator  must  use  reasonable  dlli^^jnce  in  maintain- 
ing his  location  stakes,  but  is  not  i  (juired,  absolutely, 
to  keep   them   standing  constantly.' 


RECORD. 

After  the  discovery  has  been  made,  nuO,  the  claim 
properly  marked  upon  the  ground,  the  State  statutes 
or  local  mining  regulations  usually  require  that  within 


74  Do«^   V.    \Vnt('il(M)   M.   Co.,    r»r»   Fed.    Uoj).,    11. 

7r»  North  Noonday  M.  Co.  v.  Orient   M    To..  1   F.d.  R«>p.,  r»22. 

7<'.  Warnociv    v.    Dt'WItt,   11    Utuli.   .124. 

77  .N'ortli    Nonndnv    M.    To.    v.    Orit  nt    M.    Co..    1    F»mI.    Uep., 

r)L'2;  .Tiipilcr   M.  <'o.  v.    r.otiii>   Cons.    M.    Co.,    '.1    Fed.    I{<'|».,   flOfl. 

75  FolLinl    V.    Sliivt-I.v,   .''.    Colo..    :W,). 

70  McFvoy   V     II.vuutii,  25    FiU.   Ht'i».,    500. 


30 


MINERAL   LAxND   LAWS 


a  specified  time  a  record  be  made  thereof  either  in  the 
office  of  the  county  recorder  or  of  the  mining  district 
recorder.  The  time  allowed  may  be  determined  by 
consulting  the  local  laws.  While  the  Federal  statute 
does  not  in  express  terms  make  this  matter  of  record 
obligatory,  yet  it  may  be  said  that  section  2324,  United 
States  Revised  Statutes,  impliedly  provides  therefor  by 
{giving  authority  to  make  this  requirement.  Inasmuch 
as  every  applicant  for  paicnt  is  required  by  the  regu- 
lations of  the  Land  Department  to  furnish  a  certified 
copy  of  the  location  certificate  on  which  the  application 
is  based,  and  also  to  furnisi;  an  abstract  tracing  his 
title  from  such  location,  it  would  seem  to  be  contem- 
plated by  the  Department  that  such  record  be  made. 
It  m.'iy  be  remarked,  however,  that  the  courts  hold 
that  there  is  no  requirement  of  United  States  law  as 
to  recording  notice  of  a  location.*"' 

The  process  of  recording  may  be  in  the  following 
manner: 

Having  marked  the  boundaries  of  the  claim  by  the 
monuments  noted,  the  locator  should  draw  up  a  de- 
scription giving  the  name  of  the  lode  (any  nume  he 
chooses  to  adopt),  the  date  of  location,  the  courses  and 
distances  from  corner  to  corner,  beginning  with  t-orner 
No.  1,  until  the  exterior  boundaries  close,  with  a  state- 
ment of  the  width  claimed  on  each  siiie  of  the  vein. 
The  written  description  should  contain  a  reference  to 
some  natural  o]).ject  or  permanent  monument  by  refer- 
ence to  which   the  locu.s  of  the  claim  may  be   fixed. 

The  courses  and  distances  should  be  determined  with 
extreme  care,  and  the  certificate  should  agree,  as  nearly 
as  is  practicable,  with  the  monuments  on  the  ground. 
The  natural  object  or  permanent  monument  should  be, 

80  Haws  V.  Vk'todu  Copper  M.  Co.,  160  U.  S..  IW3;  Thomp- 
son V.  Spray,  72  (a!.,  528;  CJoldt-n  Fleece  G.  &  S.  M.  Co.  v. 
(!able  Cons.  Ci.  &  S.  M.  Co.,  12  Ncv.,  312;  15  Nev.,  450; 
SoutluM-n  Cross  (J.  &  S.  ^L  Co.  v.  Kuropa  M.  Co.,  15  Ni'V..  WA; 
I'oiijadi'  V.  Hyan.  21  Ncv..  44!t;  .lupltcr  M.  Co.  v.  Hodic  Cons. 
M.  Co..  11  Fed.  Hep.,  (!(!(!;  Ciiitcr  v.  naciuahipi,  2;{  Pac.  Hep., 
3<ll;  Allen  v.  innda]).  24  Ore^.,  22}>;  Kin>,'  v.  Kd wards.  1  Mont.. 
2.15;  Sidlivan  v.  llcnsr,  2  Colo..  424;  Harvey  v.  Hyan,  42  Cal.. 
«t2(!;  Sonter  v.  MaKulr.'.  78  Cal..  54:!;  .\nlli.iny  v.  .Illl.'^on.  83 
Cal.,  2!l(i:  Moxon  v.  Wilkinson,  2  aIoIiI..  421;  I  pfon  v.  Larkin, 
5  Mont.,  (1(10.  (.See  S,  C..  7  Motit..  44it).  danier  v.  (Jlenn,  8 
Mont.,  :t71;  Free/.n-  v.  Sweeney.  8  Moiil..  5(iS;  (^ulrnlty  v. 
Movd,  S  r<iIo..  1!»4;  Noilli  Noonday  M.  <'o.  v.  uilent  .M.  Co., 
1  Fed.  Kep..  522;  Fuller  v.  Il.iirls.  2t>  Fed.  Ueji.,  814.  Contra: 
Sweet   v.    Webber,  7  Culo.,  443. 


<'-''ll 


OF    THE   UNITED    STATES. 


31 


as  indicated,  of  a  conspicuous  and  permanent  charac- 
ter, and,  if  possible,  should  be  some  regularly  estab- 
lished mineral  monument  or  a  corner  of  the  public  sur- 
vey within  a  distance  of  two  miles.  Lastly,  the  cer- 
tificate should  contain  the  date  of  discovery,  the  locus 
by  section,  township  and  range  and  county  when  pos- 
sible, and  be  signed  by  the  locator  or  locators. 

if  the  location  certiflcate  contains  some  description 
of  the  claim  by  reference  to  natural  objects  or  perma- 
nent monuments,  the  sufficiency  of  the  description 
should  be  left  to  the  jury.**i  An  error  in  a  location 
notice  in  a  particular  not  essential  under  the  law, 
regulations  or  customs  of  miners  is  harmless  and  does 
not  vitiate  a  description  otherwise  good.**-  Natural 
objects  or  permanent  monuments,  under  section  2324, 
United  States  Revised  Statutes,  may  consist  of  stone 
iiionuments,  blazed  trees,  confluence  of  streams,  inter- 
section of  prominent  buttes,  of  hills,  or  of  mining 
shafts.*^ 

In  the  case  of  Mt.  Diablo  M.  Co.  v,  Callison.  it  was 
said  by  the  court.  "The  object  of  any  notict  at  all 
being  to  guide  a  subsequent  locator  and  afford  him 
information  as  to  the  extent  of  the  claim  of  the  prior 
locator,  whatever  does  this  fairly  and  reasonably 
should  be  held  a  good  notice.  Great  injustice  would 
follow  if,  years  after  a  miner  had  located  a  claim  and 
taken  possession  and  worked  upon  it  in  good  faith,  his 
notice  of  location  were  to  be  subjected  to  any  very 
nice  criticism."**' 

This  paper  should  be  executed  in  duplicate,  one  copy 
to  be  posted  in  a  coiispicuous  place,  preferal)ly  at  the 
discovery,  the  other  to  be  made  a  matter  of  record. 
Even  though  a  State  or  Territorial  statute   does   not 

51  Tiiyioi-  V.  Mlddlctoii.-  ($7  (*ul..  (ViH;  MfCircRor  v.  Don- 
clly,  07  Cnl..  14!*;  KuhhcII  v.  Chuiiiascio.  4  Mont..  ;{(«>;  <Jiir- 
tU'ld  M.  At  M.  Co.  V.  HiimiiuT,  C  Mont.,  r.;{.  i;{()  I'.  S..  2JM ; 
I'l>ton  V.  Liukln.  7  Mont..  449;  S.  V.,  6  Mont..  (UK);  Flavin  v. 
Mattlnnly,  8  Mont..  242;  (Janicr  v.  (Jlcini,  M  M(»nt.,  .'{71;  Scldlcr 
V.  Lafavc.  4  Ntw  M<>x.,  ;<(><.»;  Scldlcr  v.  Maxlltdd,  4  New  Mt'X.. 
^74.  The  last  two  oases  disniss  tliis  point,  and  ovcituIo  Ilax- 
ter   M(n.    (i.    M.   Co.    v.   Pattrrson.   ;i    N»>\v   Mcx.,    17!>. 

52  (iarllfld  M.  &  M.  ("o.  v.  Haninicr,  (!  .Mont.,  M.  (S(m>  1:?0 
r.  S..  2!»1«.  Fpton  V.  Larkhi.  7  Mont.,  44!t;  S.  C.  r.  .Moiit.. 
«UM);  I'Mavin  v.  Maltinulv.  S  Mont.,  LM'J;  (iani.T  v.  <!it'nn,  8 
MoiU.,   :{71;    Mi'tcalf    v.    I'rrs.-ott,    10   Mont.,   '2K\. 

M    I>ninini(>nd  v.    I/iiiK,    S>  Colo..    MH. 

84    r»  Sawy.,  4:i9. 


4 


^'^.: 


32 


MINERAL   LAND  LAWS 


require  it,  a  copy  should  be  made  of  record  in  the 
office  of  the  county  recorder  as  a  measure  of  precau- 
tion. 

The  miner  has  every  reason  to  be  exact  in  all  the 
steps  taken  to  perfect  his  location.  Should  his  claim 
develop  into  a  valuable  property,  he  may  find  a  swarm 
of  locators  all  around  him.  Locations  will  be  made 
overlapping  his  claim  in  all  directions,  and  the  dis- 
covery of  the  least  flaw  in  his  title  will  be  the  signal 
for  the  onslaught  of  a  host  of  adverse  claimants. 

Although  a  location  may  not  be  perfected  by  record 
within  the  time  specified  by  local  statute  or  regulation, 
yet  if  completed  at  any  time  before  the  intervention  of 
a  valid  adverse  right,  it  would  be  held  good. 

Where  A.  makes  a  location  upon  the  ground,  but 
fails  to  record  his  notice  of  location  within  the  time 
prescribed  by  the  Colorado  statutes,  and  after  the  expi- 
ration of  such  time,  and  before  the  record  of  such 
location  notice  by  A.,  B.  makes  a  regular  location  and 
records  a  notice  thereof  as  required  by  law,  B.  has  the 
superior  right. ^''  A  failure  to  file  a  location  certificate 
for  record  within  the  time  prescribed  by  State  statute 
does  not  render  a  location  void,  if  the  notice  is  recorded 
before  the  intervention  of  an  adverse  claim.**" 

If  one  can  take  a  copy  of  a  location  record  and 
therefrom  locate  the  claim  ui)on  the  ground,  finding  ail 
the  corners  and  monuments  described  therein,  both  the 
marking  on  the  ground  ami  the  certificate  thereof 
would  appear  to  be  sufficient.  "All  that  was  intended 
Is  that  a  person  seeking  to  make  a  subsequent  location 
could  go  iipon  the  ground  referred  to,  and  from  the 
marks  made  find  the  boundaries  of  the  claim."" 


m 


PLACER    LOCATIONS. 

Placers,  accoiding  (w  section  2329,  United  States  Re- 
vised  Statutes,    Include  all    forms   of    deposit,    except 


S5  KtMuliill  V.  San  Junn  S.  M.  Co.,  144  U.  S.,  Or)a.  (Afflrm- 
iriK  0  Colo.     ;H4J>). 

80  IM-cHton  V.  Iluntcr,  «I7  Fed.  R»'p..  itSMi;  Faxon  v.  Biirnanl. 
2  McCrary.  44;   Kraincr  v.  Sottlt',  1  Idiiliu,  4S!'.. 

K7  Wi's)  tJranhc  iMtii.  M.  Co.  v.  Cranilf  Mtn.  M.  Co.,  7 
Mont.,  .'{rit!;  .North  .\oon(!av  M.  Co.  v.  ((liciil  .M.  Co.,  1  Fed. 
K«'l»,  r)L>li-  (JlfcMoii  V.  .Maiiin  Wliltf  M.  Co..  1.'!  N.'V.,  44L':  Tiiy- 
lor  V.  Mlil«llt«lon,  <;7  Cal..  (>.^i(i;  .\iitl('rsi»n  v,  Klack.  7(1  ('al.,  21i<l; 
Doi'  V.  Tyk-y,  14   I'mc.    Kt-p..  :\7V,, 


mmm 


t)F    TIIK    I'MTIOD    STATES. 


veins  of  quartz  or  other  rock  in  place.  "By  the  term 
'placer  claim,'  *  *  *  is  meant  ground  within  defined 
boundaries  which  contains  mineral  in  its  earth,  sand 
or  g-ravel;  ground  that  includes  valuable  deposits  not 
in  place,  that  is,  not  fixed  in  rock  but  which  are  in  a 
loose  state,  and  may  in  most  cases  be  collected  by 
washing  or  amalgamation  without  milling.'"^*  Placer 
mines  are  those  in  which  minerals  are  found  in  the 
softer  material  which  covers  the  earth's  surface,  and 
not  among  the  rocks  beneath.*"  Placers  "are  super- 
ficial deposits  which  occupy  the  beds  of  ancient  rivers 
or  valleys,"  or  deposits  of  valuable  mineral,  found  in 
particles  in  alluvium  or  diluvium,  or  in  the  beds  of 
streams. '"'  A  "mineral  lode,"  as  the  term  is  used  by 
miners  and  the  mining  acts  of  Congress,  is  a  zone  or 
belt  of  mineralized  rock  lying  within  boundaries  clearly 
separating  it  from  the  neighboring  rock,  but  does  not 
include  a  deposit  of  gold-bearing  gravel,  although  the 
same  may  lie  betv/een  clearly  defined  strata  of  rock, 
and  have  an  average  drop  of  several  degrees.  Such  a 
deposit  of  gravel  is  a  placer,  as  that  term  is  used  by 
miners  and  in  section  2329,  United  States  Revised  Stat- 
utes.»i 

The  following  deposits  are  enterable  under  the  placer 
mining  laws:  Agate,  albertite,  alkaline  earths,  alum, 
amygoa'^ld  bands,  asphaltum,  auriferous  cement,  auri- 
ferous clay,  black  lead,  borax,  carbonate  of  soda,  china 
clay,  fire  clay,  diamonds,  fahlbands,  gilsonite,  graphite, 
gypsum,  iron,  isinglass,  kaolin,  limestone,  stone,  mar- 
ble, mica,  nitrate  of  potash,  nitrate  of  soda,  opal,  oil, 
petroleum,  plumbago,  phosphates,  potash,  slate,  soda, 
stockwerke,  building  stone,  sand  stone,  sulphur  and 
umber."- 

The  Department  of  the  Interior  in  the  recent  cases 
of  the  Pacific  Coast  Marble  Co.  v.  N.  P.  R.   R.  Co.;""' 

«8  ITnitod  Stntes  v.  Iron  Silvor  M,  Co.,  128  U.  S.,  (^T^. 
(AmnnlnK  S.    C.    24  Fed.    Uoi»..   508). 

89  Ro.viiold8  V.  Iron  Silver  M.  Co.,  116  TT.  S.,  687. 

90  CV)ni'r  to  C.  I).  RirhnrdRon,  Sept.  7,  1892.  (Citinp  Moxon 
V.   Wilkiiipon,    2   Mont.,    421). 

01    Gregory  v.    rorshbakor.  73  Cnl,   109. 

92  So  dorldort  Jn  nisos  pending  lK>foro  tho  Lnnd  Dopnrtmont, 
In  rlrculiu-  Instructions,  or  in  oJliclal  uuswerB  {q  inqiUrh's  nuuj« 
by   liwUvidnalH. 

Wi    l'r>    L.    D.,   233. 

3 


'Ov 


MINKUAL   LAND   LAWS 


Aldritt  V.  N.  P.  R.  R.  Co.;'"  and  Union  Oil  Company'^' 
has  exhaustively  discussed  section  2329,  United  States 
Revised  Statutes,  and  has  held  that  lands  containing 
the  non-metalliferous  minerals,  if  the  substances  are 
recog-nized  as  mineral  by  the  standard  authorities  and 
the  lands  are  more  valuable  therefor  than  for  agricult- 
ural purposes,  may  be  taken  as  placer  mining  claims 
under  the  statute.  The  first  case  was  with  regard  to  a 
deposit  of  marble,  the  second  flre  clay,  and  the  last 
petroleum.  This  last  decision  was  a  reversal  of  a  for- 
mer holding"  of  the  Department  that  petroleum  was  not 
a  mineral  within  the  provision  of  the  statutes."" 

An  examination  of  the  list  above  given,  taken  in 
connection  with  the  definitions  of  veins,  p.  23,  and 
placers,  p.  33,  will  enable  the  prospector  to  determine 
whether  the  deposit  discovered  has  been  classified  as 
mineral  under  the  mining  laws,  and  if  so  whether  the 
land  containing  it  should  be  located  as  lode  or  placer. 

In  most  particulars  the  method  of  making  a  placer 
location  is  the  same  as  that  pursued  in  case  of  lode 
claims.  It  is  required,  however,  that  when  on  surveyed 
lands,  placers  shall  conform  as  near  as  reasonably 
practicable  to  the  United  States  system  of  public  land 
surveys.  When  the  ground  it  is  desired  to  locate  can 
be  taken  in  this  manner,  the  location  notice  need 
merely  describe  the  tract  by  legal  subdivisions  as  in 
agricultural  cases,  and  no  markings  of  the  corners 
would  appear  to  be  necessary  under  the  decisions  of 
the  Land  Department,  it  being  held  that  such  a  loca- 
tion is  sufficiently  definite  under  the  statute  to  give 
lawful  notice  of  the  extent  of   the  claim. 

It  has  been  held  by  some  courts,  however,  that  a 
placer  claim  taken  by  legal  subdivisions  must  be 
staked  upon  the  ground. '^ 

Placer  claima  on  surveyed  land  must  be  located  by 
legal  subdivisions  or  reason  shown  for  failure  to  do 
so.^  The  location  of  a  claim  by  legal  subdivisions  is 
valid  even  though  erroneously  described,  providing  the 

94    25  L.  P.,  S^n. 

05    25  L.    D.,   351. 

00    Soc  also   Act   of  Fob.    11,    1807.    20  Stat.   520,    p.    I.t.l. 

1  Whlto    V.    L<'(\   7S   Ciil.,   50;{;    CJn'Korv   v.    IVrshl>.ik«'r,    7."! 
Cal..    100;   Antlioiiy   v.  .lUlsoii,  K\  Cal.,   200. 

2  a.  P.   R.   H.   Co.   V.  CiiHin.  20  L.    I).,  485. 


th( 

wii 
cor 
toy 
thcfl 


UF   THE   UNITED   STATES. 


86 


'i 
■1 


abutting  legal  subdivisions  are  correctly  given.'*  A 
location  of  a  placer  claim  by  legal  subdivisions  must 
be  made  to  conform  therew^ith  in  the  matter  of  exact 
description  of  the  land  as  shown  by  the  township  plat. 
Fractional  subdivisions  designated  by  the  United  States 
Surveyor  General  as  lots  must  be  so  described/  Though 
placer  claims  on  surveyed  lands  are  required  to  con- 
form "as  near  as  practicable"  with  legal  subdivisions, 
they  may  be  located  along  a  stream  or  canyon,  as  it 
is  not  the  intent  of  the  law  to  compel  the  placer 
claimant  to  tr^'e  land  unfit  for  mining.'  A  placer  entry 
of  a  long,  nariow  strip  of  land  covering  a  stream  of 
water,  on  surveyed  land,  was  held  to  conform  as  near  as 
reasonably  practicable  with  the  public  surveys,  where 
it  was  shown  that  the  surrounding  land  was  valueless 
for  mining.  (In  this  case  four  entries  covered  a  strip 
of  land  from  five  to  five  hundred  feet  wide  and  about 
eighteen  miles  long.)" 

The  staking  of  every  twenty  acres  of  placer  claim  is 
not  required,  the  claim  being  an  entirety.^ 

For  purposes  of  convenience  in  making  locations  in 
this  manner,  section  2330,  United  States  Revised  Stat- 
utes, provides  that  legal  subdivisions  of  forty  acres 
may  be  subdivided  into  ten-acre  tracts,  and  a  location 
notice  describing  the  claim  as  embracing  the  E.  %  of 
E.  Mj  of  S.  E.  14  of  S.  E.  1,4  of  the  appropriate  sec- 
tion, township  and  range  would  be  regular  3^3  to  this 
particular. 

Anyone  familiar  with  the  system  of  public  land 
surveys  knows  that,  owing  to  the  convergence  of  the 
meridian  lines,  the  townships,  while  in  theory  six  miles 
stiuare,  are  in  fact  not  perfect  squares  of  thei«:  di- 
mensions. The  nortl)  and  wp  ;t  tiers  of  sections,  where 
the  survey  is  progressing  ■  j  the  north,  as  is  the  case 
with  most  of  the  public  iands  where  mineral  is  found, 
contain  the  irregular  areas.  An  examination  of  any 
township  plat  will  siow  nlonp-  the  outer  edge  f»f  all 
these  north  and  west  sections,  a  line  of  tracts  contain- 


'.  Duryoa  v.  PoucIki-,  OV  Ciil.,   141;  7  Pac.   Hop-.  421. 

4  Itotnp  V.    IMunny.  22  L.   D.,  400, 

r.  William   Ra  1.1  ill.    2   L.   T.,   704. 

(i  IN'iirsall   &   Fi.M'iiian.  0  L.    TV,    227. 

7    Conrr   to   Aaidii    F.    liakcr,    April    12.    1WI3;    McDonald    v. 
Montana   Wood   ("0.,   35  I'ac.   Uop.,   G08. 


36 


MINKUAL   LAND   L\WS 


ing  more  or  less  than  forty  acres.  These  are  described 
aa  lots,  each  one  being  given  a  number,  beginning  with 
No.  1  at  the  right  of  each  section  and  continuing  in 
successive  numbers  to  the  left. 

6ec6TeN.ffJ0W. 


T 


T 
t 


I 


6.25 


-^599    Ut^.^a  f*/-5.f7 


[ 

Vo      j  30 


160 


fi-COS  t 


!•' 


The  extreme  northwest  subdivision  should  be  located 
as  lot  4,  containing  46.26  acres.  If  the  location  covers 
but  a  part  of  lot  4,  the  tract  taken  should  be  described 
by  metes  and  bounds,  the  lot  not  being  divisible  as 
pro\ided  by  section  2330,  United  States  Revised  Stat- 
utes. In  this  case  an  application  for  patent  would  have 
to  be  based  upon  a  survey  by  metes  and  bounds  as  in 
applications  for  lode  claims.** 

Legal  subdivisions  of  forty  acres  are  often  rendered 
fractional  by  the  segregation  of  lode  claims  as  indi- 
cated by  the  above  diagram.    In  such  cases  the  United 


8  G,  A,  Khern,  6  L,  P.,  580. 


OF   THE   UNITED   STATES. 


m 


led 

Ith 

in 


States  Surveyor  General  designates  the  portions  re- 
maining of  the  legal  subdivisions  by  appropriate  lot 
niunbors  with  their  areas,  the  records  of  the  Land 
Depaitnient  are  noted  aceordingly,  and  the  same  rule 
applies  hero  as  illustrated  by  lot  4. 

When  the  location  cannot  conveniently  be  made  to 
conform  in  description  to  the  public  subdivisional  sur- 
vey, because  of  the  distribution  of  the  minerals,  as 
when  they  are  found  along-  the  course  of  a  tortuous 
stream,  the  location  should  be  made  by  metes  and 
bounds.  Care  should  be  exercised  as  to  this  particular 
by  the  locator,  as  a  claim  may  be  rejected  by  the  Land 
Department  if  located  by  metes  and  bounds  and  no 
good  reason  appears  for  failure  to  make  the  claim 
conform  to  legal  subdivisions." 

No  location  of  a  placer  may,  since  the  passage  of  the 
act  of  May  10,  1872,  embrace  more  than  twenty  acres 
for  one  individual,  and  an  association  may  locate  not  to 
exceed  twenty  acres  for  each  individual  therein,*"  the 
maximum  area  which  may  be  included  in  one  location 
being  one  hundred  and  sixty  acres.  A  corporation, 
being  in  law  an  individual,  can  properly  include  but 
twenty  acres  in  one  location. ^^ 

A  placer  location  on  unsurveyed  lands  must,  as  to 
description,  be  practically  the  same  as  a  !'ode  or  vein 
location,  with  the  modifications  rendered  necessary 
by  the  differences  in  the  character  of  the  claims,  and 
the  requirements  as  to  marking,  posting,  record  and 
annual  labor  are  also  the  same.*- 


MILL    SITE    LOCATIONS. 


ted 
ers 
ed 
as 
at- 
ive 
in 

red 
di- 
ted 


Section  2337,  United  States  Revised  Statutes,  provides 
for  the  patenting  of  lands  as  mill  sites.  N^,lhing  is 
prescribed  by  the  statute  as  to  the  manner  of  locating 
such  claims,  but  the  practice  has  been  to  make  a  lo- 
cation similar  in  form  to  that  of  placers.'^* 

The  land  <imbraced  in  a  claim  under  this  section  must 

9    S.  P.  R.  R.  Co.  V.  Griffin,  20  L.  D.,  485. 

10  Reynolds  v.  lion  Silver  M.  Co.,  116  II.  S.,  687:  St.  Louis 
Sni.   Co.   V.  Kemp,  104  V.   S.,   636. 

11  Gird  V.  California  Oil  Co.,  60  Fed.    Rep.,   531. 

12  See  ante,  p.  20. 

13  Rloo  Townsite,  1  L.  D.,  556;  ITargmve  v.  Robertson,  15 
L.  D.,  499. 


i;#' 
■S 


.18 


MIXEUAI.    LAND    LAWS 


not  exceed  five  acres  in  arcca;  must  h^^  nun-niineral  in 
charactc!";  be  iiun-conlJKUttus  to  a  ludi-,  and  be  used 
or  occupied  for  mining  or  miilinj;  purposes  in  conne(^- 
tion  witli  a  lode,  or  iiave  a  mill  or  reduction  works 
thereon.  Title  depends  ui)on  the  character  of  the  land 
and  upon  use  and  occupancy  for  the  purpose  indi- 
CRted.^* 

ANNUAL    LABOR. 

After  perfecting  the  location  of  his  claim  as  indicated 
in  the  preceding'  paragraphs,  the  locator  has  good  title 
against  the  world  conditional  upon  a  compliance  with 
the  provisions  of  section  2324,  U'lited  States  Revised 
Statutes,  relative  to  the  performance  of  annual 
labor.!* 

A  legal  location  maintained  by  the  performance  of 
the  required  labor,  commonly  termed  "assessment 
work,"  confers  a  vested  right  of  which  the  claimant 
cannot  be  deprived  even  by  the  general  government 
except  by  the  exercise  of  the  right  of  eminent  domain. 
It  has  been  held  that  land  embraced  within  a  valid, 
legally  maintained  mining  location  will  be  excepted 
from  a  reservation  established  by  executive  proclama- 
tion."* 

Annual  labor  was  not  required  by  statute  prior  to  the 
act  of  Congress  of  May  10,  1872,  and  the  matter  was 
regulated  solely  by  the  mining  district  regulations. 
Section  2324,  United  States  Revised  Statutes,  is  a 
recognition  of  such  local  district  regulation;-,  and  is 
admirably  adapted  to  promote  the  development  of  our 
mineral  resources,  as  well  as  to  prevent  any  monopoly 
of  mining  ground,  the  requirement  serving  to  prevent 
the  location  of  land  as  mining  claims  unless  the  lo- 
cator has  sufficient  faith  in  the  mineral  chp.racter 
thereof  to  cause  him  to  make  an  expenditure  in  its 
exploitation.'^ 

14  Charles  Lennig.  5  L.  D..  190;  OypniB  Mill  Site,  6  L.  D.. 
706;  Iron  King  Mine  and  Mill  Site.  !)  L.  1).,  201;  Mint  Lodo 
and  MiU  Site,  12  L.  I>.,  624;  Gold  Si)rin}rs  &  Denver  City 
Mill    Site,    13    L.    1).,    175. 

15  See  p.  24.  Erhardt  v.  T5oaro.  11.3  U.  S.,  527;  2  Mc- 
Cra-y,  141;  O'Reilly  v.  Campbell,  116  V.  S..  41.S.  (Citing  .Ten- 
niKon  V.   Kirk,  98  U.  S.,   4.53;  .laokson  v.    Uoby,   109  V.   S.,  440). 

16  See  ante,  p.  8.  John  U.  Gahathuler.  15  L.  D.,  418;  Fort 
Maginnis   'Case,    1    L.    D.,    5.52    (<M».    Atty.    Gen.) 

17  Cons.  UepuMionn  Mtn.  M.  Co.  v.  Lebanon  M.  Co.,  9  Colo., 
843. 


M 


OF   THE   rXITEI)   STATRS. 


9d 


The  statute  provides  for  a  certain  expenditure  on 
L-laimy  located  prior  to  May  10,  1S72,  ami  on  claims  lo- 
cated subsequent  to  that  date.  Inasmuch  as  the  great 
majority  of  the  claims  located  prior  to  that  date  have 
been  passed  to  patent  or  have  been  relocated  under 
said  act,  it  is  deemed  unnecessary  to  here  consider 
such  claims. 

TTnder  the  law  as  it  is  now  construed,  locations  are 
treated  as  entireties,  and  the  expenditure  of  $100  may 
be  made  upon  any  part  thereof.  When  a  number  of 
contiguous  locations  are  held  in  common,  an  expendi- 
ture of  an  amount  equal  to  $100  for  each'**  may  be  made 
upon  one  or  more  of  such  locations,  provided  such  ex- 
penditure tends  to  tlie  development  of  the  claim  as  a 
whole.  That  such  expenditure  is  of  benefit  to  each  lo- 
cation must  clearly  appear,  otherwise  the  locations  on 
which  no  work  is  done  may  be  successfully  attacked 
on  the  charge  of  abandonment.  Work  done  outside  of 
the  claim,  if  done  for  the  development  thereof,  has 
been  accepted  as  sufficient.  This  rule  is  well  settled 
and  is  concisely  stated  by  the  court  in  the  case  of 
Mt.  Diablo  M.  &  M.  Co.  v.  Callison: 

"Work  done  outside  of  the  claim,  or  outside  of  any 
claim,  if  done  for  the  purpose  and  as  a  means  of  pros- 
pecting or  developing  the  claim,  as  in  case  of  tunnels, 
drifts,  etc.,  is  as  available  for  holding  the  claim  as  If 
done  within  the  boundaries  of  the  claim  itself.  One 
general  system  may  be  formed  well  adapted  and  in- 
tended to  work  several  contiguous  claims  or  lodes, 
and,  when  such  is  the  case,  work  in  furtherance  of  the 
system  is  work  on  the  claims  intended  to  be  developed 
by  it.""» 

The  opinion  in  the  case  of  Jupiter  M.  Co.  v,  Bodie 
Cons.    M.    Co.,    contains   this   statement: 

"Where  one  person  or  company  owns  several  con- 
tiguous adjoining  claims  capable  of  being  advanta- 
geously worked  together,  one  genera]  system  may  be 
adopted  to  work  such  claims.  Such  system  may  con- 
sist of  a  shaft  with  drifts,  cross-cuts  and  tunnels 
therefrom,  and  such  works  need  not  be  upon  any  of  the 
claims   in   question.     When    such   system    is    adopted, 

18  Chambers  v.  Hnmnjrton,  111  U.  S.,  350.  (Citing  Juck- 
son   V.   Roby,    10{»   U.    S.,   440). 

19  5  Sawy..  439.  (Quoted  and  followed  in  Kirk  v.  Clark, 
17  L.  D.,  190;. 


■■v/^.j 


40 


MINERAL  LAND  LAWS 


work  in  the  furtlierance  of  the  system  is  work  on  the 
claims  inti-ndtHl  to  be  developed  by  it.  Work  done 
outside  of  the  claims,  or  outside  of  any  claim,  if  done 
for  the  purpose,  and  as  a  means  of  prospecting  or 
working  the  claim,  is  as  available  for  holding  the 
claim  as  if  done  within  the  boundaries  of  the  claim 
itself."-" 

Where  a  trial  is  had  on  the  Issue  of  abandonment, 
the  one  alleging  it  has  made  out  a  prima  facie  case 
If  he  has  shown  that  no  work  was  done  during  the 
period  in  question  upon  the  claim.  If  the  one  denying 
the  charge  of  abandonment  depends  upon  work  done 
outside  of  the  claim,  he  has  the  burden  of  proof. -^ 

Inasmuch  as  the  statute  requires  an  annual  expendi- 
ture to  the  amount  of  $100  on  each  location,  and  each 
location  is  treated  as  an  entirety,  and  not  divisible,  it 
follows  that,  even  though  one  or  more  of  several  loca- 
tors fail  to  contribute  their  respective  portions  of  such 
amount,  the  others  must  perform  the  whole  labor,  or 
the  claim  will  become  subject  to  adverse  relocation. 
The  ones  complying  with  these  conditions  have'  a 
remedy,  however,  prescribed  by  said  section  2324,  United 
States  Revised  Statutes,  which  will  be  more  fully  con- 
sidered hereafter.  ' 

Any  expenditure  in  labor  or  improvements  which 
directly  facilitates  the  development  of  the  claim  may 
be  counted  as  a  compliance  with  this  condition  of  the 
statute;  but  the  work  must  be  such  as  tends  with 
reasonable  directness  to  the  development  of  the  claim. 
Hence,  it  has  been  held  that  building  a  miner's  cabin 
outside  of  the  claim  cannot  be  considered  as  labor 
'  done  upon  or  for  the  benefit  of  the  claim. -^  in  another 
case,  where  an  ore-house  erected  upon  the  claim  was 
alleged  to  be  a  mining  improvement,  it  was  held  that 
the  claimant  must  show  it  to  have  been  placed  there 


20  11  Fed.  Rep.,  666.  See  also  St.  Louis  Sm.  Co.  v.  Kemp, 
104  U.   S.,   636.  ) 

21  Hall  V.   Kearney,  18  Colo.,  505. 

22  See  Co-owners   p.  48. 

23  "If  such  kind  of  work  or  improvements  ofF  the  claim  were 
ButHcient  for  the  purpose  of  representation  and  patent,  thou 
the  building  of  a  house  in  a  town  or  city,  no  matter  how  far 
away  from  the  mine,  if  the  miner  had  Ids  meals  ami  lodged 
there,  might  entitle  him  to  hold  his  claim."  etc.  Remington 
V.  Baudlt,  6  Mont.,  138, 


E. 


'^"^V".] 


OF    THE   I'NMrlD    STATES. 


41 


for  the  ili'Vf'Iopnient  of  the  claim. -'•  In  si  Hi  another 
ease  it  was  (ieeided  that  vvagi-s  paid  a  wateliman  who 
had  charge  of  idle  works  upon  a  mining  claim  might 
he  proj)erly  considered  as  constituting  the  re(iuired 
annual  expenditure  for  the  henetit  of  the  claim.-''  The 
annual  expenditure  required  upon  mining  claims  may 
he  made  in  running  a  tunnel  not  upon  the  claim.-"' 
Such  labor  or  expenditure  in  the  erection  of  works  or 
buihhn^s  for  mining,  placing  machinery,  or  making  ex- 
cavations on  the  claim,  necessary  for  its  working,  may 
l)e  considered  as  assessment  work  on  mining  claims.-'^ 
Constructing  a  wagon  road  to  the  claim  and  partly 
thereon,  for  the  development  and  working  thereof,  if 
the  expenditure  has  been  to  the  required  amount,  may 
be  treated  as  a  compliance  with  the  statute  as  to  an- 
nual labor.-^  Leasing  a  mill  not  upon  the  claim  and 
not  used  in  connection  with  the  claim,  and  expenditure 
of  money  for  personal  expenses  in  the  attempt  to  se- 
cure water  with  which  to  operate  the  mill,  cannot  be 
considered  as  work  done  or  expenditure  made  upon  the 
claim.-" 

Assaying  and  sampling  ores  does  not  constitute  ex- 
penditure for  the  development  of  a  claim. ^"J  Efforts  to 
secure  machinery  necessary  to  work  a  mine  are,  by  re- 
lation and  intendment,  work  done  upon  the  claim. ^^ 
Expenses  in  traveling  to  and  in  locating  and  record- 
ing a  claim  cannot  V>e  considered  annual  expenditure. •''^ 
Expenditure,  to  be  considered  as  for  the  benefit  of  a 
claim,  must  have  some  direct  relation  to  its  develop- 
ment. The  traveling  expenses  of  the  owner  do  not 
have  such  relation.^''  A  trail  and  a  wagon  road  a  mile 
long  running  from  a  lode  claim  to  a  smelter,  made  for 
the   transportation  of  ore  from   the  lode  claim  to  the 


ip. 


red 
on 


24  Bryan  v.   MpCalp.   10  Colo.,  309. 

25  Lockhart  v.   Rollins,   2   Idaho,   50.'?. 

26  Clroulnr  as  to  Tunnel  Rights,   5  C.   L.  O.,  34.    Com'r  to 
E.   D.   Coleman,   1   C.   L,   <).,    34. 

27  Iy)ckhart  v.  Rollins,  2  Idaho,  503. 

28  Doherty  v.  Morris,   11  Colo.,   12;  17  Colo.,  105; 

29  Du  rrat  v.  Jam?s,  65  Cal.,  555. 

30  Bishop  V.    Balsley,  41   Pac.   Rep.,  936. 

31  Packer  v.  Heaton.  9  Ci\l.,  568  (1858). 

32  .T.    M.   Crawford.  9  C,    L.  O.,   130. 

33  Du  Prnt  v.  James,  65  Cal.,  555, 


42 


MINERAL  LAND   LAWS 


smelter,  may  l)e  considered  as  an  exixndiUire  upon 
the  lode  claim.'"  A  road,  no  i)art  of  wliicli  is  vii)on  ilie 
claim  ay)j)lied  for,  and  not  made  for  the  sole  l)enelit 
thereof,  cannot  be  considered  as  an  imi)rovement  on 
th(^  claim. ^"  Work  done  on  a  road  made  for  the  de- 
velopment of  a  group  of  mining  claims  may  not  be 
apportioned  as  done  for  the  benefit  of  claims  on  which 
no  portion  of  the  road  is  located.'"'  Working  on  ad- 
joining land  in  constructing  a  drain  to  enable  the  own- 
ers to  work  the  claim  is  to  be  considered  as  work 
done  on  the  claim.'"  Work  done  on  a  ditch  outside  of  a 
placer  claim,  and  prior  to  the  location  of  the  claim, 
cannot  be  considered  as  having  been  done  for  the  ben- 
efit of  the  claim  in  the  absence  of  a  clear  showing  of 
such  fact.-"*  The  extension  of  ar  flume  over  premises 
sought  to  be  held  as  a  mining  claim,  and  their  use  as 
a  place  of  deposit  for  the  waste  material  from  an  ad- 
joining claim  owned  by  the  same  person,  is  not  such 
an  expenditure  upon  them  as  will  sustain  the  claim 
under  the  law."'"  The  turning  of  a  stream,  the  intro- 
duction of  water,  the  construction  of  a  flume  to  carry 
off  debris  or  waste  material,  are  labor  and  improve- 
ments within  the  meaning  of  the  statute. ••" 

It  has  sometimes  been  attempted  to  fix  by  mining  dis- 
trict regulations  the  value  of  labor;  for  example,  that 
each  foot  of  a  shaft  shall  be  counted  as  worth  ten, 
fifieen  or  twenty  dollars.  Values  cannot  be  arbitrarily 
fixed  by  local  statute  or  regulation,  however,  but  are 
determined  by  the  market  price,  in  the  community,  of 
labor  or  material.  The  tribunal  having  this  question 
before  it  would  ask:  What  was  the  fair  value  in  the 
district  at  the  time  the  expenditure  was  made?  "In 
estimati.'ig  the  amount  of  work  or  improvements,  the 
test  is  the  reasonable  value  thereof, "^^  and  the  amount 
paid  for  performance  of  annual  labor  is  not  conclusive 
of  its  value,  but  is  properly   admissible  in  evidence. "- 


34  Emily  I^de,   6  L.   D.,   220. 

35  All.'o   Edith   Lode,    (5  L.    !>.,    711. 

3(J  White  Cloud  Copper  M.   Co.,   2?  L.    D.,   252. 

.'{7  PiK'kor    V.    Ilt'iiton,    0   Cnl.,    r>(!8    (1858). 

:{S  T.ickoy  Pliiccr,  7  L.  D.,  52. 

•JO  Jackson  v.   IJohy.   100  V.   8.,  440. 

40  St.   Louis  Sii.   Co.   V.   Konip.    1(»4   V.    S.,   036. 

41  MiittliiKly   V.  1.  wlsohn.   8  Mont.,   25U. 

42  Quluil)y    V     L  r       S   Colo.,    11»4. 


<)(•■    THE    UMTKH    STATP^.S,. 


# 


1'lu'  I'Nnloral  stalu(»<  of  Jumiary  liL',  INSU,  amciulrd  soo- 
tion  '2'A'2i.  riiiled  Ktalcs  Kevisctl  8latii(cs,  by  i  rovidiiig 
that  the  first  aniuial  caih  iHlitiii(!  iii)oii  all  inipattMited 
mineral  claims  siiail  be  made  diiriiij;  tlie  year  eoni- 
meneirij^:  January  lirst  after  the  location  is  made.'''  To 
illustrate:  If  A.  made  a  location  October  1,  18!t6,  his 
first  annual  expenditure  in  labor,  or  in  improvements, 
must  be  made  between  Jan.uary  1  and  December  31  of 
the  year  1897.  He  will  have  the  whole  of  the  year  1897 
in  which  to  do  the  work  and  need  do  none  during  the 
remaining-  portion  of  189(5.  It  is  not  necessary  to  do 
the  work  in  any  particular  part  of  the  year  1897,  it 
Ijeing  necessary  solely  that  at  12  o'clock,  midniKht, 
December  31,  1S9'<,  he  stands  ready  and  :>^"  •■  to  prove 
that  work  for  1897  has  been  done.'' 

Faiiure  to  do  the  jirescribed  work  does  not  neces- 
sarily result  in  a  forfeitui'e.  The  claimant  may  re- 
sume work  during'  the  succeeding-  year,  and  if  he  does 
so  before  the  intervention  of  a  valid  adverse  reloca- 
tion, his  rights  are  saved;  and  the  courts  have  gone 
to  the  extent  of  holding  that  if,  before  an  adverse  re- 
location, he  does  sufficient  work  to  sliow  his  good 
faith,  he  may  have  the  whole  year  in  which  to  complete 
labor  to  the  required  amount  of  one  hundred  dollars. 
It  is  dangerous,  however,  to  take  any  chances,  and  the 
locator  is  wise  if  he  does  an  amount  of  development 
work  in  ^ood  season,  as  to  the  sufflcieiicy  of  which 
there  can  be  no  question. 

It  was  held  in  King  v.  Edwards,  in  substance,  that 
the  laws  and  customs  whicli  point  out  the  manner  of 
locating-  mining  claims  are  conditions  precedent  to  the 
right  to  possess  and  mine  a  claim,  and  no  such  right 
can  be  ac<iuired  until  such  conditions  precedent  arc 
comjilled  with.  The  requirements  as  to  performance 
of  annual  labor,  however,  are  conditions  subsequent, 
the  mere  breach  of  which  is  not,  per  se,  sullicient  to 
cause  a  forfeiture,  which  must  result  from  entry  by 
the  grantor  (the  United  States)  or  one  claiming  iinder 
it,  i.  e.,  a  relocation  of  the  claim  under  the  mineral 
laws.*'* 


4;{    Sec    p.     ll».^>. 

44  Belk  V.    Mon^'ll(  r.    104   IT.    S.,    270;   Athlna  v.   lli'mlr-(>,   1 
Mnlio,  »r.:   Ilidl  V.    llnlc.  H  (".lio.,  ;{.".l. 

45  1    Mont..    L»:m. 


44 


MINERAL   LAND   LAWS 


!< 


If  work  is  resumed  on  a  claim  after  it  has  once  been 
opened  to  relocation,  but  before  a  relocation  has  act- 
ually been  made,  the  rijL^hts  of  the  original  owners 
st^nd  as  they  would  if  there  had  been  no  failure  to 
comply  with  the  law."' 

When  a  locator  avails  himself  of  the  statutory  priv- 
ilege of  resuming  work  to  preserve  his  estate  from 
forfeiture,  he  should  prosecute  the  same  with  reason- 
able diligence  until  the  requirement  of  $100  expenditure 
has  been  satisfied,"  but  such  resumption  of  work  can- 
not be  held  to  have  been  prosecuted  with  due  diligence 
where  it  appears  that  fifteen  days  prior  to  relocation 
all  work  thereon  has  ceased. ••"  The  effejct  of  a  resump- 
tion of  work  on  a  mining  claim  before  relocation 
thereof  by  adverse  claimants  is  exhaustively  discussed 
in  the  cases  cited  below/" 

The  fact  that  work  done  has  not  been  paid  for  by  the 
claimant  does  not  affect  its  sufficiency  under  the  law, 
the  Government  not  inquiring  into  the  relations  be- 
tween employer  and  employee, '•'^  and  failure  to  do  work 
because  of  the  threats  of  violence  of  adverse  claim- 
ants in  possession,  has  been  held  by  the  courts  to  be 
sufficient  to  excuse  failure  in  such  particular,  at  lea^t 
as  against  a  relocation  by  those  making  the  threats 
or  guilty  of  the  violence  by  reason  of  which  the  claim- 
ant was  deterred  from  performing  the  required  labor.'*' 

As  the  patent,  when  issued,  relates  back  to  the  date 

46  Belk  V.  Meagher,  104  U.  S.,  279. 

47  Ilonaker  v.  Mnrlln,  11  Mont.,  91.  (Followed  In  Ulrsehler 
V.  McKeudrlfks,  10  Mout.,  211. 

48  Ilirsehler  v,  McKendiieks,  16  Mont..  211;  40  Puc.  Rep., 
290. 

49  North  Noonday  M.  Co.  v.  Orient  M.  Co..  6  Sawy..  299; 
1  Fed.  Rep.,  522;  Jupiter  M.  Co.  v.  Bodie  Cons.  M.  Co..  11 
Fed  Rep.,  «H5<J;  Helcher  Cons.  G.  M.  Co.  v.  DeCfernirl,  02  Cul.. 
100;  l)u  Tiat  V.  .lames,  Of*  (^al.,  nrtH;  IMinris  v.  Muldoon,  75 
Cal.,  284;  Laeey  v.  WcHxlwnnl.  25  I'tie.  Rep..  785;  MclJlnnls 
V.  P^Kbert.  8  (^olo..  41;  (Jonu  v.  Russdl,  ;{  Mont.,  358;  Belk  v. 
Meagher,   .'?   Mont.,   05;    104   U.   S.,  279. 

50  Ix)eUhart  v.  Rollins,  2  Idaho.  503;  Coleman  v.  Curtis,  12 
Mont.,  ;i01. 

51  Utah  M.  &  Mfg.  Co.  v.  Dick^Tt  &  Me.vers  Sulphur  C(»., 
6  rtah,  18.'};  Oreaniuno  v.  I'nele  Sam  G.  &  S.  M.  Co..  1  Nev.. 
215;  Rolilnson  v.  lJii;)erlal  S.  M.  Co..  5  Nev.,  44;  Slavonian 
M.  Co.  V.  Vaeavlch.  7  Fed.  Rep.,  :i:M ;  Mills  v.  Fleteher.  1(K) 
Cal.,  14;{;  Craig  v.  Thomimon.  10  Colo.,  517;  l<:rhardt  v,  Bouro, 
8  red.   Rep.,  092;  113  U.  S.,  527. 


OF    THK   L'MTKI)   STATES. 


«6 


of  entry,  it  has  been  held  that  the  annual  labor  need 
not  be  done  subsequent  to  the  date  of  such  entry  and 
payment  for  the  land.''- 

Past  large  expenditure,  although  thousands  of  dollars 
in  excess  of  the  year's  requirements,  cannot  be 
counted  as  labor  for  succeeding  years.''" 

A  failure  to  perform  annual  labor  or  to  "represent" 
the  claim  up  to  the  date  of  entry,  will  not  be  excused 
by  court  proceedings  on  an  adverse  claim. -'^  State  laws 
or  local  regulations  cannot  relieve  mine  owners  from 
the  necessity  of  a  compliance  with  the  United  States 
statutes  relative  to  annual  expenditure, •'•'•  nor  can  a 
regulation  of  a  mining  district  require  more  work  to 
be  done  than  is  specified  by  the  act  of  May  10,  1872. 
(Sec.  2324  U.  S.   Rev.   Stat.)^'« 

FORFEITURE. 


M 


'.♦i>; 

11 
il.. 

75 
Ills 

V. 

12 

!»»., 
•v.. 
Ian 
KK) 


Failure  to  perform  the  annual  labor  prescribed  by 
Section  2324,"  United  States  Revised  Statutes,  does  not. 
as  has  already  been  stated,  necessarily  operate  as  a 
forfeiture  of  the  claim.  The  land,  however,  becomes 
subject  to  relocation  by  others  if  work  is  not  resumed, 
and,  if  such  relocation  is  made,  forfeiture  then  results, 
it  being  held  that  in  order  to  have  a  forfeiture  take 
place  there  must  be  some  person,  natural  or  artificial, 
who  is  entitled  to  the  benefit  of  the  forfeiture  when  it 
occurs,   i.  e.,  a  new  claimant.^** 

The  burden  of  proving  a  forfeiture  Is  upon  the  one 
asserting  it,  proof  of  a  legal  location  of  a  mining  claim 

52  BenHon  M.  &  Sm.  Co.  v.  Alta  M.  &  Sin.  0».,  145  V.  S.. 
42H.  (ArtiniiJiiK  Altu  M.  &  Sni.  Co.  v.  Benson  M.  &  Sm.  <5o.. 
H»  Pac.  U<>p..  r»(ir);  and  citing  and  appmvlnu  Aincrii-an  Hill 
Qnarfz  Mine,  Slckel's  Min..  Dec.  ;n7-:W5;  Copp's  Mln.  Lands, 
LTvl;  Aurora  Hill  Cons.  M.  Co.  v.  SH  M.  Co.,  ;{4  Fed.  Hop.,  515; 
Dcno  V.  (Jrimn,  20  Ncv..  245).  To  sanio  cfTfot  sec.  also.  l\  V. 
Harrison.  2  L.  1).,  7(57;  Alk'o  IMaccr.  4  L.  !>..  :U4;  Swnnc.v 
V.  Wilson,  10  L.  I).,  157;  FrrRUson  v.  Bclvolr  M.  &  M.  Co., 
14    L.    I),   4.'b. 

M  ForpuHon  v.  Hclvolr  M.  &  M.  C«»..  14  L.  I).,  43;  W.  H. 
M<>rr<>ll.   5   C.    L.   <)..    5. 

54  Clark  v.   Ann'rinui  Flaj;  C.   M.  Co.,  7  C.   L.   O.,   5. 

55  Swocl    V.   W»'M)(>r.  7  0*)lo.,   44.1. 

n«5    OrlKlnal    M.    Co.    v.    WInthroi)    M.    Co.,    CO   Cal.,    fi.'U. 

57  S»H>  puKe  124,    paragraph    10,    lU'gulatious   p.    127. 

58  See  ante,   p.   44. 


46 


MIMOUAL  LAND  LAWS 


and  of  possession  thereof  raising  a  presumption  tliat 
all  the  conditions  prescriled  by  the  statutes  have  been 
fulfilled.^" 

Where  there  is  a  resumption  of  worlt  it  must  be  of  a 
substantial  character,  and  be  bona  tide  and  not  merely 
formal,  and  in  any  controversy  arising  upon  the  point, 
the  court  will  necessarily  have  to  decide  whethe'-  the 
work  performed  was  done  solely  with  a  view  of  pre- 
venting relocation,  or  with  an  honest  intention  to  com- 
ply with  the  letter  and  spirit  of  the  mining  laws.  This 
intent  will  be  determined  by  the  acts  of  ihe  claimant. '''" 

When  work  has  not  been  done  for  any  one  year, 
the  land  covered  by  the  location  becomes,  for  all  prac- 
tical purposes,  a.gain  pulilic  domain,  and  the  pros- 
pector thereon  is  not  a  trespasser,  but  has  tiie  right 
to  explore  and  occupy,  the  same  as  he  has  on  omer 
vacant  public  lands. "^ 

A  relocation  of  abandoned  ground  must  be  made 
with  all  the  formalities  attending  the  location  of 
grovind  which  liad  never  before  been  claimed  as  min- 
eral. The  relocator  may,  however,  adopt  as  his  own 
the  discovery  and  markings  of  the  original  location, 
although  under  some  of  the  local  laws  and  regulations 
he  is  required  to  sink  the  discovery  shaft  deeper,  there- 
by practically  making  a  new  discovery. "" 

An  owner  of  an  abandoned  claim  may  make  a  relo- 
cation of  the  claim  the  same  as  a  stranger."-'  but  the 
better  method  of  reviving  his  title  would  seem  to  be 
a  resumi)tion  of  work  as  heretofore  noted. 

In  all  essential  respects  it  is  a  now  location,  and  it 
would  appear  to  be  unnecessary  to  make  any  mention 
in  the  location  notice  of  the  original  claim,  as  the  re- 
locator  gains  }\o  rights  •**•  title  therefrom  and  is  not 
permitted  to  p^vail  himself  of  any  of  the  expenditures 
made  by  the  former  claimant.    Should  his  title  evef  be 

rn  ITiuiinior  v.  Garflold  M.  &  M.  Co.,  L30  U.  S,,  201;  S.  C, 
0  Mont.,  r>;{;  8  rac.    !l<'i),.  m;}. 

00  Mcroinilck  v.  I?al<hvli),  104  Cal.,  227;  'M  Tac.  Rep..  WA. 
((►vcrruliiiK  IJclchcr  Coiis.  (},  M.  Cit.  v.  DcTfrrarl.  (52  Cal., 
1«0). 

r.t  Ih'vvv  V.  UosH.  n  Colo..  21».'.;  UlclianlsMu  v.  Mr-Xulty.  24 
Cal..   :?:«». 

(!2  Waruook  v.  DoWilt.  11  Itali,  .'{24;  40  Par.  Uv])..  20.''.; 
IlnnI  V.  I'al<'liln,  ."!">  Fed.  Hep..  .SIC;  Coin'r  to  .Max  noclmicr, 
March   15.    ISSI;   Co|ii)'s   ISIhi.    Lands.   2(1  <■(!.,   300. 

03    Strang  v.  Ryau,   40  Cal.,  33. 


OF    THE   UMTKl)    STATES. 


4t 


questioned  by  the  prior  locators,  he  could  plead  loca- 
tion thereof  as  abandoned  ground,  and  his  case  would 
be  just  as  strong  as  though  he  had  set  up  in  his  own 
location  r.  loe  a  full  statement  of  the  prior  claim, 
the  abandonment  thereof,  and  his  relocation.  As  a 
matter  of  fact,  if  he  specitically  sets  up  such  prior 
claim  in  his  location  notice,  he  might  be  held  to  there- 
by admit  the  regularity  thereof,  and  his  only  defense 
would  be  forfeiture  of  such  original  location  because 
of  failure  to  perform  the  annual  labor  thereon."^ 

Abandonment  under  the  mining  laws  does  not  result 
until  the  expiration  of  the  calendar  year  in  which  the 
annual  labor  should  have  been  performed,  and  a  re- 
location made  before  the  expiration  of  that  time  is 
void,  even  though  prior  to  such  relocation  the  original 
claimants  had  left  the  claim  with  no  intention  of  re- 
turning. 

To  illustrate:  A.,  the  owner  of  a  mining  claim, 
leaves  the  ground,  say  in  June,  without  having  done 
any  work  during  the  year.  B.  makes  a  relocation  in 
December.  A.  does  not  resume  work  and  C.  enters 
and  makes  a  formal  location,  in  all  respects  regular, 
January  1st.  C.'s  location  is  good  as  against  that  of 
B.,  B.'s  location  being  void  ab  initio,  having  been 
made  when  the  ground  was  not  subject  to  reloca- 
tion."^ 

Until  the  enactment  of  statutes  governing  the  sub- 
ject, it  was  held  in  the  earlier  mining  cases,  notably 
in  California  and  Nevada,  that  the  common-law  doc- 
trine relating  to  the  al)andonmcnt  of  i)roperty  was  ap- 
plicable to  mining  claims,  upon  which  idea  was  based 
the  theory  that  in  mining  law  there  existed  a  dis- 
tinction between  the  alnindoimient  of  a  ^nining  claim 
and  a  forfeiture  thereof.  The  distinction  made  was 
that  abandonment  was  the  act  of  the  party  in  re- 
nouncing, in  effect  at  least,  all  claim  or  riglit  to  the 
property,  while  forfeiture  was  only  completed  ])y  re- 
location of  a  claim  upon  which  the  prescribed  ex- 
penditure had  not   been  made."" 


(U    Wlll.t   V.    niiHii.   4   New   Mcx..   .17S, 

on    Kvlk   V.   MciiKhcr,   104   V.  S..   27!). 

fid  MiillcU  V.  VncU^  Siiin  (;.  A:  S.  M.  r....  1  Ncv..  1SS;  riickcr 
V.  llciilou.  !t  ("Ml.,  ,*,(;S:  4  M(ir.  -Mill.  It-'p.,  447;  St.  .IdIiii  v.  KIdil, 
2<)  Cul.,  2iVA\  WariiiK  v.  Ciow,  11  Cal.,  :<(i(J;  lUll  v.  Hfilnxk 
T.  &  M.   Co.,  'M  ("al..  214;   Moiciiliuut  v.    Wllsou.  52  Cal.,   2(53; 


n 


48 


MINKRAL  LAND   LAWS 


Under  the  existing  law,  liowever,  it  would  be  diflicult, 
if  not  impossible,  to  draw  any  distinction  between  the 
two  terms.  The  law  only  concerns  itself  with  the 
question  as  to  whether  the  claim  has  been  forfeited, 
and  this  is  a  question  to  be  decided  by  the  court." 


CO-OWNERS. 


A  co-claimant  may  relocate  a  claim  in  his  own  name 
after  the  same  has  been  abandoned  because  of  failure 
to  perform  the  annual  labor,"'*  although  the  preferable 
course  for  him,  if  he  deems  his  title  worth  maintaining, 
is  to  make  the  required  expenditure,  and,  if  his  co- 
owners  fail  to  contribul'j  their  proper  proportion  of 
the  amount,  to  r''oceed  'n  the  specific  manner  pre- 
scribed in  Section  2324,'"'  United  States  Revised  Stat- 
utes, for  such  cases.  This  procedure  is  to  make  a 
formal  demand  for  the  amount  due,  either  by  personal 
notice  in  writing,  or  by  publication  of  such  demand 
for  ninety  days  in  the  newspaper  published  nearest 
the  land.^o 

If  personal  notice  in  writing  is  given,  and  no  payment 
made,  the  forfeiture  becomes  final  in  ninety  days  there- 
after; if  such  notice  is  given  by  publication,  the  for- 
feiture results  ninety  days  after  the  date  of  last  rub- 
lication. 

The  Federal  statute  prescribes  no  m'^thod  of  making 
proof  of  forfeiture,  but,  in  making  pi  oof  upon  appli- 
cation for  patent  before  the  Land  Department,  cer- 
tain  proof  is  required.     See  p.  129. 

Some  of  the  States  require,  in  case  of  personal  notice, 
that  an  affidavit  by  the  claimant  setting  forth  the  fact 
of  such  notice  and  that  no  payment  had  been  tendered 
thereunder,  shall  be  recorded;  and  that  in  case  of 
notice  by  publication,  a  copy  of  the  notice  as  published, 

Stone  V.  rSeyspr  Qiilpksilvcr  M.  Co.,  r)2  Cnl..  315;  Mvcrs  v. 
SpodiHT,  55  Cal.,  257;  Taylor  v.  Mi.ldleton,  67  Cnl..  fi5(i';  DciMy 
V.  Koss,  5  Colo.,  295;  Onmr  v.  SoptT,  11  Colo.,  380;  Woill  v. 
Luoeriu'  M.  Co..  11  Nov.,  2()0;  Mnrslinll  v.  Harney  Peak  Tin 
M.    &  M.    (^o.,   1    S.    Dak.,    sno. 

07  FaiihankB  v.   Woodhonso,  0  Cal.,  4.^3  (1850). 

OS  Strang  v.  Ryan,  40  Cal.,  :13. 

09  See  p.   124. 

70  See  paragraph  18,   Rcgulutloua  p.   129. 


OF   THE   UN'ITKD   STATES. 


49 


having-  attached  thereto  the  publisher's  affidavit,  and 
an  affidavit  by  the  claimant  as  to  non-payment,  be  re- 
corded. 

The  courts  view  with  strong  disapproval,  however, 
any  acts  upon  the  part  of  one  co-owner  savoring  of 
fraud  or  collusion  by  means  of  which  a  claim  is  subject 
to  relocation  by  third  persons  to  the  injury  of  the  other 
owners,  and  if  the  claim  is  not  represented  by  reason  of 
bad  faith  on  the  part  of  one  of  several  co-owners  who 
has  been  intrusted  with  the  duty,  and  by  reason  of 
that  fact  is  relocated  by  a  third  person,  acting  in  col- 
lusion with  such  co-owner,  the  relocutor  would,  with- 
out doubt,  be  adjudged  a  trustee  under  the  relocation, 
for  the  use  and  benefit  of  the  original   owners. 

To  give  a  person  the  right  to  procure  by  forfeiture 
proceedings  under  Section  2324  U.  S.  Rev,  Stats.,  the 
interest  of  another  in  a  mining  claim  held  by  pos- 
sessory title,  the  two  persons  must  not  only  be  co-own- 
ers at  date  of  the  forfeiture  notice,  but  during  the 
year  in  which  the  particular  work  was  done  upon  the 
claim. ^^  It  was  long  held  by  the  Land  Department  that 
the  regularity  and  legality  of  forfeiture  proceedings, 
against  alleged  delinquent  co-owners,  would  not  be 
questioned  if  such  co-owners  failed  to  protect  their 
rights  by  filing  an  adverse  claim  under  Section  2326, 
United  States  Revised  Statutes.^-  Under  this  view  the 
practice  was,  to  ignore  the  fact  that  the  name  of  a  co- 
owner  had  been  omitted  from  the  application  for  pat- 
ent, but  by  a  recent  decision'^'  it  was  held,  following 
the  rule  laid  down  in  Turner  v.  Sawyer,"*  that  a  tenant 
in  common  of  a  mining  claim  holding  under  possessory 
title,  is  not  bound  to  file  an  adverse  claim  against  an 
application  for  jiatent  filed  by  a  co-owner,  and  that  the 
statute  contemplates  the  filing  of  an  adverse  claim 
by  one  setting  up  a  title  against  the  mining  claim  ap- 
plied for,  not  by  one  alleging  an  interest  in  the  claim. 

Where  an  applicant  bases  his  right  to  a  patent  on  a 
relocation,  in  the  making  of  which  he  acted  as  a  con- 
structive trustee  for  the  benefit  of  co-owners  according 
to  their  respective  interests  in  the  original  location, 
such  co-owners  are  not  obliged  to  adverse  the  applica- 

71  Turner  v.   Sawyor.   ir»0  V.   S..   r»7S. 

72  liiainpiiiii    I-ode.   1   L.    D..    ri44. 

7;{    Tlioinas   v.    EUinp,   2r>   L.    P..   4nri. 
74    150  U.  S.,    578, 


l\\ 


1 


60 


MINKKAI,   LAND   LAWS 


tion,  but  may  have  the  applicant  declared  trustee." 
Where  one  of  two  tenants  in  common  of  a  mining  claim 
promises  to  perform  the  work  necessary  to  prevent 
the  claim  from  becoming  subject  to  relocation,  but 
fraudulently  fails  so  to  do  and  relocates  the  claim  for 
himself,  though  he  has  the  legal  title,  he  may  be  de- 
clared constructive  trustee  under  the  relocation  for 
his  co-owner  as  to  his  interest."  Where  one  tenant 
in  common  of  a  mining  claim  promises  to  see  that  the 
required  annual  labor  is  performed,  but  through  col- 
lusion with  a  third  person  fails  to  do  so,  and  the  claim 
is  relocated  by  such  third  person,  the  relocator  may 
be  declared  a  constructive  trustee  for  the  defrauded 
owner.^^  One  who  locates  a  claim  in  the  names  of 
himself  and  others,  even  without  their  consent,  make,s 
such  others  co-owners  with  himself,  and  cannot  de- 
prive them  of  their  interests  by  destroying  the  location 
notice  and  posting  a  new  one,  omitting  their  names." 
The  taking  of  hostile  possession  of  a  mining  claim  by 
one  tenant  in  common  and  excluding  the  co-tenant  is 
an  ouster,  from  the  date  of  which  the  Statute  of  Lim- 
itations begins  to  run  in  favor  of  the  tenant  so  taking 
possession  and  against  his  co-tenant.^"  A  co-owner 
who  has  been  "advertised  out"  may  show  his  com- 
pliance with  the  law  in  the  matter  of  expenditures,  and 
that  there  was  in   fact  no  forfeiture.*" 

It  is  probable  that  the  practice  of  the  Land  Depart- 
ment, in  the  matter  of  the  examination  of  title,  will 
be  modified  in  view  of  the  case  of  Thomas  v.  Elling,*^  to 
require,  when  the  abstract  of  title  shows  an  interest 
in  a  co-owner  who  is  not  joined  in  the  application  for 
patent,  complete  proof  that  such  co-owner  has  been 
regularly  "advertised  out."  It  Is  not  seen,  however, 
what  more  could  be  required  or  furnished  than  is  now 
prescribed  by  the  regulations. **- 

The  partnership  which   exists  between  co-owners  or 


75  Hunt  V.   Pntfhin.   .^^  Fpd.    Rop..  R16. 

76  Saundprs  v.    Mackoy,    5   Mont.,   52.3. 

77  Dolicrty    v.    Morris,    It    Colo..    12. 

78  Mort«»n    v.   Solainbo  Toiipor  M.   To.,   2(>   C;\\.,   527. 

79  420  M.    (V).   V.   nullion   M.  Co.,   1»  Nt-y.,   240. 
«0  BniiHly  V.   Mnyntld,   15   Mont.,   201. 

81  25   L.    D.,    4(»5. 

82  See  paniKniph   18,  p.    120;  D.  l*.  Wlu'dou,  4  V.   L.  O..  50. 


UF    TUK   UiMTEl)    STATICS, 


CI 


I  co-lessees  who  work  a  mining'  claim  in  common  is  a 

*|  particular  and  limited  one;**'    they  may  be  partners  for 

%  the  purpose  of  working  the  claim  and  may  bind  each 

f  other  as  such,***  but   are  not   necessarily  such   for  the 

%  purpose  of  selling  the  claim,  and  one  has  no  concern  in 

I  what  another  receives  for  his  share.*'' 

I  APEX-DIP. 

I  The  statutes  confer  upon   the  mining  claimant  cer- 

tain further  rights  which  it  is  necessary  to  notice 
under  a  discussion  of  the  subject  of  location.  Among 
these  are  the  right  to  work  the  lodes  claimed,  upon 
their  dip,  and  the  relative  rights  of  claimants  to  inter- 
secting veins  whether  ujjon  the  strike  or  upon  the  dip. 
Sections  2322  and  2336,*'«  United  States  Revised  Statutes, 
regulate  these  rights.  The  subject  is  much  involved, 
the  courts  being  by  no  means  uniform  in  their  decis- 
ions, and  it  is  the  purpose  here  to  point  out  only  the 
ordinary  incidents  as  to  which  the  law  seems  to  be  well 
established. 

The  matters  relating  to  apex  and  dip  of  veins  have 
no  application  to  placer  and  mill  site  locations,  the  title 
granted  thereunder  being  the  right  to  all  of  the  land 
embraced  within  the  exterior  boundaries  thereof,  ex- 
tended perpendicularly  downward  to  the  center  of  the 
earth. 

The  conditions  prescribed  by  Section  2320.  United 
States  Revised  Statutes,  are  that  no  location  shall  ex- 
ceed six  hundred  feet  in  width  by  fifte(>n  hundred  feet 
in  length;  that  a  discovery  of  the  vein  or  lode  shall 
be  made,  and  that  the  end  lines  shall  be  parallel.  The 
extent  of  the  rights   accpiired   by  a  location    fulHlling 

H.'l  Kiihii  V.  fViitrnl  Sin.  Co..  102  V.  S.,  041;  IMssell  v.  Fosa, 
114  I'.  S..  2r)2;  Skilliiiiiii  v.  Lii<-hninii,  2;{  f'nl..  1{>8:  Diiryoa  v. 
Hint.  2S  ('ill.,  .^)(i<>;  Clii'rlos  v.  Kslilfiiiiin.  fi  Colo..  107;  Manvillc 
V.  Pniks,  7  ('(tlo..  12S;  M»<)islH>r  v.  Rt'od,  24  I'lic.  Ut'P..  <5N1 ; 
Liuiiar  V.  Hale,  71)  \'a..  147;  Crawsliaw  v.  Manlo.  1  Svvatist.. 
4J>r);  Foreday  v.  Wli,'lit\vi<'lv,  1  Knss.  ^-  M..  4.'):  Williania  v. 
AttPiiboronuli.  1  Turn.  &  H..  70;  I)i('kins(»n  v.  Valpy.  10  1?.  & 
r..   12.S;   Uuck  (»n  Mines,  .''.74. 

S4  ("Iiarlcs  v.  KKlilcnian.  Tt  Colo..  107;  Manvill(>  v.  Tarks,  7 
Colo.,  12.S:  Skillnian  v.  li.Hlinian.  2:5  Cal..  l!tS;  lUiryt'a  v.  Mnrt, 
2H  Cal.,  .')(i5»;  Don^'licrlv  v.  t'n-arv,  :«0  Cal..  ;t()0;  Sftt.'nihrc  v. 
Putnam,  .'?n  Cal..  4!K{:  IIlKuins  v.    Arnislntnu.  in  I'ac.   Itcp.,  2.'{2. 

sn    IlaniH   V.    I.loy.l.    11    Monl..  :{!»(>. 

m    Si'c  paKCM    12U   and    121, 


11 


n2 


MlMOllAL   LAM)  LAWS 


all  these  conditions  is  fixed  by  Sections  2322  and  2336, 
United   States  Revised   Statutes. 

Section  2322  grants  to  the  owner  of  a  location  made 
In  compliance  with  Section  2320,  United  States  Revised 
Statutes,  these  rights: 

1.  The  right  of  exclusive  possession  and  enjoyment 
of  the  surface  ground  embraced  within  his  location, 
and, 

2.  The  right  to  work  all  lodes  or  veins  the  tops  or 
apexes  of   which   lie    within     such     surface     ground. 


throughout  their  entire  depth,  although  they  may  so 
far  depart  from  the  perpendicular  in  their  course 
downward  as  to  extend  outside  the  vertical  side  lines 
of  the  location. 

Theoretically,  a  vein  or  lode  extends  perpendicularly 
downward  indefinitely.  Actually,  it  usually  inclines 
more  or  less  from  the  perpendicular,  which  inclination 
is  called  Its  dip,  and  ordinarily,  if  pursued  to  a  great 


OF   THE  UNITED   STATES. 


M 


depth,  it  will  be  found  to  pass  ]>eyond  the  side  lines  of 
the  location,  extended  vertically  downwut  I  into  ad- 
joining^  ground. 

It  is  tlie  riglit  to  work  this  last  portion  of  the  vein, 
which  Section  2322,  United  States  Revised  Statutes, 
grants.  The  figure  illustrates  the  theoretical  vein  and 
the  vein  as  it  is  usually  found  to  'xist. 

The  apex  of  a  vein  is  that  portion  which  approaches 
nearest  the  surface  of  the  earth,  but  the  term  cannot 
be  applitd  to  the  highest  part  of  a  roll  or  swell  of  a 
body  of  mineral  matter."  It  is  the  end,  edge,  or  ter- 
minal point  nearest  the  surface.*"*  The  apex  is  not 
necessarily  either  a  point  or  a  line,  and  if  a  part  of  it 
is  discovered  within  the  claim,  that  is  sufficient  upon 
which   to  base  a  location.**" 

A  vein  need  not  necessarily  crop  out  on  tl  ;  surface 
in  order  that  a  location  may  be  laid  upon  it;  but 
where  it  does  crop  out  or  is  so  slightly  covered  by  for- 
eign matter  that  its  apex  may  be  readily  ascertained, 
the  course  of  the  apex  should  be  substantially  followed 
in  malcing  the  location.*'  While  the  owner  of  a  min- 
ing claim  owns  all  lodes,  the  apexes  of  which  are  with- 
in his  claim,  he  acquires  no  right  to  a  lode  the  apex  of 
which  is  outside  his  claim."  "The  ownership  of  or 
title  to  a  vein  is  determined  by  its  top  or  apex;  and 
although  one  may  discover  a  vein  within  the  limits  of 
the  ground  claimed,  yet  if  the  top  or  apex  of  such 
vein  lies  without  his  claim,  he  will  acquire  no  right 
thereto.'"*^  It  is  to  be  observed,  however,  that  in  the 
cases  referred  to  the  controversy  was  between  one 
claimant  having  the  apex  of  the  vein  and  another 
claimant  alleged  to  have  a  claim  located  only  on  the 
dip  of  the  vein  in  controversy. 

Some  veins  or  lodes  are  practically  horizontal  for 
long  distances  and  are  termed  "blanket"  or  "con- 
tact" veins,  but  the  fact  that  a  lode  has  but  a  slight 


87  Stevens    v.    Williams.    1    McCraiy,    480;    Stovons    v.    Oill, 
1   Mor.    Mln.   Hep,,   566,  576. 

88  Iron   Mine  v,    I^olla   Mine,   3  Fed.   Rep,,   368;   S.  C.    Iron 
Silver  M.  Co.   v.  Mvuphy,   1    Mor,  Min.   Rop.,  548. 

89  Larkin    v,    Upton,    144    U.    S.,    19, 

90  FlaKStalT  S.    M,   Co.  v.   Tarbct,  98   IJ.   S.,  463. 

91  North    Noonday    M.    Co.    v.   Orient    M.    Co.,    1    Ffd.    Rep., 
522. 

92  Upton  v.  Larkin,  7  Mont..  419;  S  c  S.  C..   114  U.  S..     19. 


S4 


MINERAL   LAND   LAWS 


'iBparture  from  a  liorizontal  will  not  except  it  from  the 
statute  Kivin^  the  locator  on  the  apex  the  ilKht  to  fol- 
low on  its  (lip  oiitsidr  tiie  side  liiifs  of   his  claim."'' 

The  patentee  of  a  niiniiiK"  claim  is,  prima  facie,  the 
owner  of  all  minerals  lyin^  inside  the  surface  bound- 
aries until  it  is  shown  by  a  prei)onderance  of  evidence 
that  a  lode,  the  apex  of  which  lies  outside  of  such 
boundaries,  has  been  located  by  another  and  that  si'.ch 
lode  dips  under  and  into  his  claim.'"  A  miner  has  no 
right  to  follow  a  lode  on  its  dip  outside  of  his  clami 
into  the  claim  of  another  unless  his  own  location  con- 
tains the  apex  of  the  lode."^  The  burden  is  on  one 
claiming  the  rij?ht  to  work  a  lode  on  its  dip  into  the 
claim  of  another,  to  show  clearly  that  the  lode  in 
question  has  its  apex  in  his  own  claim,  and  to  show 
this  he  must  trace  a  continuous  streak  of  quartz  or 
body  of  ore  from  the  apex  to  the  ground  in  controversy, 
not  merely  indications  of  vein  matter,  such  as  might 
be  followed  in  the  expectation  of  finding  ore.""  As  was 
said,  in  effect,  by  the  United  States  Supreme  Court, 
the  identity  of  the  vein  at  the  point  in  question  with 
that  on  the  apex  of  which  the  location  is  laid  is  essen- 
tial to  the  possession  outside  the  lines  of  the  claim. 
So  long  as  the  inclosing  walls  can  be  distinctly  and  con- 
tinuously traced  and  mineral  matter  of  the  same  char- 
acter be  found  between  them,  there  can  be  no  doubt  it 
is  the  same  vein;  but  if  the  mineral  disappears,  or  the 
fissure  with  its  walls  of  the  same  rock  disappears, 
and  the  identity  can  no  longer  be  traced,  then  the 
right  to  follow  the  vein  outside  the  perpendicular  lines 
of  the  survey  is  lost."^ 

No  decision  has  been  rendered  by  the  United  States 


93  Leadville  M.  Co.  v.  Fitzgprald.  4  Mor.  Min.  Rep.,  380 
(Colo.);  Stevens  v.  Williams,  1  McC^rary,  480.  See  also  Ste- 
vens  V.  Gill,   1   Mor.   Mhi.    Rep.,   5(50  57G. 

94  Iron  Silver  M.  Co  v.  Elgin  M.  Co.,  'llS  U.  S.,  19fi; 
Jui)lter  M.  Co.  v.  Rodie  M.  Co.,  11  Fed.  Rep.,  Or.6;  Cheesman 
V  Shieeve,  37  Fed.  Rep.,  30;  40  Veil.  Rep..  787;  Doe  v.  Water- 
loo M.  Co..  54  Fed.  Rep.,  9.^5;  Cons.  Wyoming  M.  Co.  v. 
Ohnuipion    M.    Co.,    (!3    Fed.    Rep.      540. 

95  Gilpin  V.  Sierra  Nevada   M.  Co.,  2  Idaho,  662. 

96  lion  Mine  v.  Ix)eUa  Mine,  3  Fed.  Rep.,  368;  S.  C.  Iron 
Silver  M.  Co.  v.  Murpliy.  1  Mor.  Mlii.  Re)).,  548;  Ilyman  v. 
Wheeler,  29  F"d.  Rep.,  .'U7;   Fitzgerald  v.  Cl.irk,   17  Mont.,    1(K). 

97  Iron   Silver   M.    Co.    v.    Cheesman,    116  IT.    S.,    529. 


OF   THE  UNITED   STATES. 


6tt 


Supreme  Court  as  to  whether  or  not  the  locator  of  a 
claim  on  the  dip  of  a  vein  acquires  any  right  thereby, 
although  the  language  used  in  the  case  of  Flagstaff  M. 
Co,  V,  Tarbet"**  would  indicate  that  in  the  opinion  of  the 
court  such  a  location  would  be  valid  so  long  as  it  in- 
terfered with  no  rights  acquired  by  the  location  of  the 
apex,  the  language  used  by  the  court  being  as  follows; 
"Though  it  should  happen  that  the  locator,  by  sinking 
shafts  to  a  considerable  depth,  might  strike  the  same 
vein  on  its  subterranean  descent,  he  ought  not  to  in- 
terfere with  those  who,  having  properly  located  along 
the  vein,  are  pursuing  their  right  to  follow  the  dip  in 
a  regular  way.  So  far  as  he  can  work  upon  it  and  not 
interfere  with  their  right  he  might  probably  do  so." 

Two  decisions  upon  this  subject,  viz..  Van  Zandt  v. 
Argentine  M.  Co.^  and  Montana  Co.  v.  Clark,^  seem  to 
be  opposed  both  to  reason  and  to  the  law  as  found  in 
the  statute  and  decisions.  In  the  first  of  these  cases 
it  was  held  that  a  prior  locator  on  the  dip  of  a  lode 
has  a  right  to  that  portion  of  the  lode  inside  the  sur- 
face lines  of  his  claim  as  aga'nst  a  subsequent  locator 
of  the  apex.  In  the  other  it  >/as  held  that  the  locator 
of  the  apex  had  no  right  to  follow  the  vein  on  its  dip 
outside  his  surface  boundaries,  by  reason  of  the  fact 
that  his  claim  had  only  one  end  line,  running  thence  to 
a  point,  and  that  the  owner  of  a  claim  located  upon  the 
dip  of  said  lode  had  no  right  to  work  the  lode  be- 
cause he  had  not  the  apex;  the  court  laying  down 
the  unreasonable  rule  that  no  one,  under  the  law, 
could  acquire  any  right  to  work  that  portion  of  the 
lode  lying  outside  of   the  apex   location. 

A  lode  claimant  has  no  right  to  follow  his  lode  on 
its  dip  under  an  agricultural  claim  which  was  entered 
prior  to  the  location  of  the  mining  claim.'' 

A  miner  has  no  right  to  surface  ground  in  following 
his  lode  on  the  dip.* 

98    98   U.    S.,   463. 

1  2  McCiury,    1C9. 

2  42   Fed.    Rep.,   G2G. 

3  Colorado  Cfiitiiil  Cons.  M,  Co.  v.  Turck,  4  U.  S.  App., 
290;  12  U.  S.  App..  85;  r>0  Fed.  Uep.,  888;  Aiuador-Medean  G. 
M.  Co.  V,  South  Spring  Hill  G.  M.  Co.,  VA  Sawy..  523;  3« 
Fed.  Uep.,  668;  I'acitlc  Coast  M.  &  M.  Co.  v.  Sparge,  10  VihI. 
Uep.    •?4S. 

4  Rullion-Reok  &  Clii\mi)ion  M.  Co.  v.  Eureka  Hill  M.  Co., 
5   Utah.   3. 


ii 


56 


MINKRAL   I  A\D   LAWS 


CROSS    VEINS. 


Section  2336,  U.  S.  Revised  Statutes'' evidently  contem- 
plates tliat  veins  v^'ill  be  found  crossing  one  anotiier 
and  that  locations  may  be  made  upon  such  cross  veins, 
forming  vv'hat  might  be  termed  cross  locations."  To  a 
correct  understanding  of  this  subject,  Sections  2322^ 
and  233G  must  be  read  together.  It  will  be  noticed  that 
Section  2322  provides  that  "the  locators  of  all  mining 
locations  heretofore  made  or  v^^hich  shall  hereafter  bo 
made,  on  any  mineral  vein,  lode,  or  ledge  *  •  * 
where  no  adver^^e  claim  exists  on  the  tenth  day  of  May, 
eighteen  hundred  and  seventy-two,  *  *  *  shall 
have  the  exclusive  right  of  possession  of  all  the  surface 
Included  within  the  lines  of  their  locations,  and  of  all 
veins,  lodes  ?.nd  ledges  throughout  their  entire  depth, 
the  top  or  apex  of  whi^h  lies  inside  of  such  surface 


lines  extended  downward  vertically."  *  ♦  ♦  gup. 
pose  A.  to  be  the  prior  location,  the  claims  A.  and  B. 
crossing  each  other.  Two  widely  variant  positions  are 
taken  by  the  courts  as  to  the  relative  rights  of  the 
owners  of  two  claims  so  located.  In  the  ilrst  view,  A., 
being  the  first  location,  the  owner  would  own  ail  of 
the  surface  and  of  the  vein  at  Us  intersection;    while 

5  See    p.    121. 

6  Clioosmnn  v.   Hart.  42  Pod.    Rop.,  9«.     ' 

7  See  p.    120. 


^■' 


OF   THE   UNITKD    STATES. 


«f 


the  owner  of  '?.  would  liavo  a  riffht  to  work  llu>  B. 
vein  llirouKliout  its  tntii-c  louKth  fxccpl  at  the  poirt 
of  intorscLtion  of  tho  two  veins  Thiir.  is  the  construc- 
tion given  by  the  Colorado  an»t   Alontana  courts. 

"Under  Sections  2322  and  zm,  i.:.  S.  llev.  Stat.,  when 
a  junior  mining  location  crosses  a  selnor  location,  and 
the  veins  therein  are  cross  veins,  the  junior  locator  is 
entitled  to  all  the  ore  found  in  his  vein  within  the  side 
lines  of  the  senior  location,  except  at  the  space  of  in- 
tersection. In  such  a  case  a  junior  locator  has  a  right 
of  way  for  the  purpose  of  excavating  and  taking  away 
the  mineral  contained  in  the  cross  veins. "^ 

The  courts  of  Arizona  and  California,  on  the  other 
hand,  hold  that,  on  the  location  of  the  A.  claim,  the 
locator  became  the  owner  (under  Sec.  2322)  of  every 
lode  having  its  apex  inside  of  such  claim,  which  would 
include,  of  course,  the  };.  lode,  and  hence,  when  the  B. 
claim  was  located,  that  part  of  the  B.  lode  inside  the  A. 
claim  was  already  owned  by  the  A.  claimant,  from 
which  it  follows  that  the  B.  locator  could  acquire  ab- 
solutely no  right  to  that  portion  of  his  lode  within 
the  A.  claim."  This  latter  view  would  seem  to  be  the 
more  reasona,b'9,  <^.s  it  gives  full  effect  to  both  sections 
of  the  statrte  v  hile  under  the  construction  first  stated 
a  conflict  must  be  admitted  lo  exist  between  said  sec- 
tions. /  s  the  point  has  never  been  passed  upon  by  the 
United  States  Supreme  Court,  the  authorities  seem 
equally  divided,  and  cases  will  continue  to  be  decided 
according  to  the  views  of  the  courts  of  the  various 
jurisdictions. 

Following  out  these  different  lines  of  reasoning,  con- 
trary opinions  are  reached  as  to  the  elTect  of  failure  of 
the  owner  of  the  prior  claim,  A.,  to  file  an  adverse 
claim  if  the  claimant  of  the  subsequent  location  files 
an  application  for  patent  including  therein  the  con- 
flict between  the  two  claims.  One  line  of  decisions 
holds  that,  by  failure  to  adverse  such  an  application 
for  patent,  the  senior  locator  loses  hid  right  to  the  sur- 
face conflict  and  to  the  lode  at  the  point  of  intersec- 
tion of  the  two  lodes,  but  does  not  lose  the  remainder 


if 


H  PrnnaRan  v.  Ddl;  loy.  S  Tolo.,  408.  See.  also.  \ah>  v. 
StHhl.  1>  Colo.,  2()>.  l.S  Colo.,  174;  I'nrdeo  v.  Mnna.v.  4  Mort., 
23 ». 

9  Watt^ivale  M.  To.  v.  l.eiieh.  a.T  I'ae.  Ilci.,  418  (Arizona); 
WiUit'liii   V.  Sylvester,   101   Cal.,   itr.S. 


58 


MIXKUAL  LAND  LAWS 


of  his  lodo.  oven  in  the  connict  between  the  claims"' 
uliiio  another  line  of  decisions  holds  tiiat  by  sucii  fii'l- 
iiic  (o  adv.Tse.  (he  senior  locator  loses  the  surface 
conillct   and   everylliing    witliin   it." 


UNION  OF  VEINS. 

The  last  sentence  of  section  233(5,   ITnited  States  Re- 
sod  Statutes,   evidently  refers  to  the  union  of  veins 


Thf 

vise 


on  their  dip.  and  it  seems  to  be  agreed  that  the  older 
possessory  title  will  take  the  vein  below  the  point  of 
union  in  a  case  lilce  that  shown  by  the  above  diagram. 

^OM,    l.{  (<,!„.,    1,4;  Iliirns  v.    K-piator  M.  Co..  H  F«'(l     Rop     8(1" 
It     >Ynt.>rvjil..   M.   Co.   v.   hvnch.  im  I'ac.   nop..   418  (Arlzonai- 


OF   THE   rXITEn   STATES. 


no 


Here,  if  A.  xa  the  prior  loeation,  the  owner,  follow- 
ing: the  lode  on  it.s  dip.  will  pass  into  the  I'.,  claini. 
where  (lie  two  veins  unite,  and  will  take  the  entire 
vem  leuvinf?  the  owner  of  the  junior  loeation  only  ti:at 
vein  hetween  the  apex  in  the  B.  claim  and  the  point  of 
union  of  the  two  veins. 


THE  LEGAL  TITLE. 


1 1 


The  preceding:  paragraphs  illustrate  the  steps  neces- 
sary to  acquire  and  hold  a  mining  claim  by  possessory 
ripht.  The  greater  proportion  of  mining  claims  are 
so  held,  either  because  they  are  not  considered  valua- 
ble enor<,gh  to  warrant  an  attempt  to  acciuire  the  fee- 
simp'.e  title;  because  such  procedure  would  invite  the 
assertion  cf  adverse  claims,  with  much  vexatious  liti- 
gation; or  because  the  owner  is  working  his  claim  on 
an  extensive  scale  and  does  not  feel  the  need  of  the 
legal  title.  Some  of  the  most  valuable  mining  claims 
are  held  by  the  uncertain  teniire  of  annual  labor. 
Such  title  may  be  sufficient  ordinarily,  but  the  legal 
title  evidenced  by  a  patent  from  the  Government  i« 
much  better,  as  its  issue  determines  forever  all  con- 
troversies relative  to  surface  conflicts,  obviates  the 
necessity  of  any  further  expenditure  for  annual  labor, 
and  enables  the  owner  to  dispose  of  the  mine  more 
readily  should  he  desire  to  do  so.  Brief  reference  to 
the  procedure  necessary  to  secure  the  legal  title  of 
the  Government  by  patent  will  now  be  made. 


PATENTS   FOR   LODE   CLAIMS. 

The  procedure  for  aequiring  patent  for  mining  claim.s 
of  this  character  is  governed  by  Section  21525,  TTnited 
States  Revised  Statutes,  and  by  the  mining  circular 
of  December  15,  1897." 


SURVEY. 

The  first  step  nece.ssary   is  for  the  claimant  to  pro- 
cure an  official  survey  of  hl.s  claim  to  be  presented  to 


Ij;., 


12    See    |)p.    lltt   to    171    inclusive. 


60 


MINERAL  LAND  LAWS 


tho  propor  local  land  offlce  as  a  part  of  his  applloatloii 
for  paU'iil.  This  itMiuircs  an  application  to  the  Sur- 
veyor (jtMU'ral  of  the  United  States  for  the  svirveying 
district  where  the  land  for  which  patent  is  desired  is 
situated.  Each  State  or  Territory  is  a  surveying  dis- 
trict, the  Commissioner  of  the  General  Land  Office 
beiiif?  ex  officio  Surveyor  General  for  the  district  of 
Arkansas. '•'• 

No  particular  form  of  application  ?s  required,  al- 
though the  official  form  referred  to  contains  all  the 
data  necessary."  Upon  the  receipt  of  such  application 
the  Surveyor  General  will  advise  the  applicant  of  the 
amount  of  money  estimated  as  necessary  for  the  office 
work  in  connection  with  the  survey  of  the  claim.  The 
claimant  should  then  deposit  such  amount  with  any 
Assistant  United  States  Treasurer,  or  designated  de- 
pository, in  favor  of  the  Treasurer  of  the  United 
States,  to  be  passed  to  the  credit  of  the  fund  created 
by  "individual  depositors  for  the  survey  of  the  public 
lands."  Of  the  certificates  of  deposit,  which  are  issued 
in  triplicate,  the  depositor  should  forward  the  original 
to  the  Secretary  of  the  Treasury,  the  duplicate  to  the 
■  Surveyor  General,  and  retain  the  triplicate  for  his  own 
protection.  Upon  the  receipt  of  the  duplicate  certifi- 
cate, the  Surveyor  General  will  issue  an  order  for  the 
survey  to  the  Deputy  Mineral  Surveyor,  selected  by 
the  applicant,  if  no  objection  to  such  designation  ap- 
pears.'"^ 

The  law,  and  the  regulations  thereunder  (Sec.  2334, 
U.  S.  Rev  Stat.,  and  paragraph  92),^^  authorize  the  ap- 
plicant for  a  mineral  survey  to  employ  any  United 
States  Deputy  Mineral  Surveyor  he  chooses  to  execute 
the  field  work  of  his  survey,  and  the  contract  between 
them  is  entirely  a  private  matter,  relative  to  which  the 
Government  will  assume  no  responsibility. 

UNITED    STATES    DEPUTY    MINERAL    SURVEY- 
ORS. 


i 


Inasmuch  as  this  portion  of  the  book  is  written  for 

13  Sot'  i>.   172,   Miiu-nil  Law  Digeaf. 

14  Ht>e  par.   40,    p.    141. 

IB    St-e  form  4  a82,  p.   158,   Mineral  Law   Digost. 
1(5    SiM«   liases    Ui4   aiul    105. 


OF   TlIF,   LMTKD   STATFS. 


At 


the  information  of  all  persons  who  have  an  interest 
in  the  public  mineral  lands,  it  is  appropriate  that  it 
contain  a  paragraph  on  the  subject  indicated  in  the 
caption.  Under  Section  2334,  United  States  Revised 
Statutes,  the  United  States  Surveyor  General  has  au- 
thority to  appoint  as  many  competent  Deputy  Mineral 
Surveyors  in  his  district  as  apply  for  appointment. 
The  person  appointed  need  not  necessarily  be  a  resi- 
dent of  the  district  for  which  appointment  is  made, 
and  there  are  a  number  of  instances  where  Deputies 
hold  appointments  in  two  or  more  districts.'^  Applica- 
tions for  appointment  should  be  made  to  the  Surveyor 
General  for  the  district  in  which  the  appointment  is 
sought.  This  application  need  not  be  formal.  Upon 
receipt  of  an  application,  the  Surveyor  General  may 
determine  for  himself  the  applicant's  qualifications  as 
to  character  and  professional  skill  in  any  manner  he 
deems  fit,  and,  should  he  be  satisfied  in  this  regard, 
the  applicant  will  be  required  to  furnish  a  bond  in  the 
sum  of  $10,000  for  the  faithful  performance  of  his  official 
duties.  Upon  the  filing  of  said  bond,  if  accepted  by  the 
Commissioner  of  the  General  Land  Office,  the  Deputy 
will  take  the  usual  oath  of  office,  and  thereafter  will 
be  duly  qualified  to  make  contracts  for  the  survey  of 
the  mineral  lands.  Information  as  to  bonds  may  be 
had  of  the  various  Surveyors  General.  The  appoint- 
ments of  Deputy  Mineral  Surveyors  are  not  made  for 
any  fixed  period  of  time.  The  tenure  under  such  ap- 
pointment depends  largely  upon  the  manner  in  which 
they  execute  the  work   intrusted  to  them.'" 

Under  recent  legislation  (Act  of  March  2,  1895,  28 
Stat.  807).  the  Surveyor  General  is  required  to  ex- 
amine all  bonds  executed  by  Deputy  Mineral  Surveyors 
every  two  years  as  to  their  sufficiency.  Should  he  deem 
a  bond  insufficient  because  of  the  death  or  insolvency 
of  sureties,  he  may  require  a  new  one.  and  failure  to 
furnish  it  is  cause  for  the  revocation  of  the  Deputy's 
appointment. 

The  Surveyors  General  have  auth  »rity  to  suspend  or 
revoke  tlu'  appointments  of  their  Deputy  Mineral  Sur- 


i 

■■ . 


r^ 


I  i'i 


I  ('^1 


S  !| 


:l 


17  niiirl.s   W     Ilclnilck.   'JO  I,,   P..   10.1.      (Urvoklnji  S.   C,   18 
L.    I).,    «l(»Ii. 

18  rinMil.nr  of  Nov.   iri,    1877    Ci\]\v'h  Mineral  Lands  (I'll  E»l.>, 

(ii;  5  V.  L.  <»  .  ;{r.. 


it 


<il' 


MIMOUAL   LAND   LAWS 


voyors  for  oauso.  su>)jpct  to  the  approval  of  the  Com- 
missioner of  (ho  (Jfneral  I^and  Oflice.  From  such  ac- 
tion hy  the  Surveyor  General  the  Deputy  has  the  right 
of  appeal  in  the  usual  manner.'"  The  appointment  of 
United  States  Deputy  Mineral  Surveyors  is  a  matter 
in  which  the  discretion  of  the  United  States  Sur- 
veyor General  will  be  recognized.-" 

A  bondsman  of  a  Deputy  Mineral  Surveyor  should 
not  he  allowed  to  disclaim  arbitrarily  further  resi>onsi- 
bility  for  the  acts  of  the  Deputy,  but  the  Deputy 
sliQuld  bo  allowed  to  furnish  a  new  bond.-* 

The  General  Land  Office  encourages  the  appointment 
of  as  many  "competent  Deputy  Mineral  Surveyors  as 
apply  for  appointment,"  to  the  end  that  "claimants 
may  have  a  choice  of  Deputies  and  be  enabled  to  have 
their  work  done  on  the  most  advantageous  terms." 

The  money  deposited  by  the  claimant  for  "office 
work"  is  expended  in  the  employment  of  competent 
persons  to  examine  the  returns  of  the  Deputy  Mineral 
Surveyor,  make  the  necessary  corrections,  prepare  the 
necessary  transcripts  of  field  notes  and  plats,  and  to 
])ay  for  the  stationery  used  for  such  purpose. 

The  money  deposited,  if  unexpended,  may  not  be  re- 
paid,- and  U.ie  certificate  of  deposit  is  not  assisnable, 
but  the  depositor,  if  the  survey  for  which  the  deposit 
was  made  is  not  executed,  may  apply  the  deposit  on 
another  survey.-^ 

The  applicant  for  a  mineral  survey  should  be  re- 
quired to  d<  r»osit  only  the  sum  necessary  to  defray  ex- 
penses of  work  in  the  office  of  the  United  States  Sur- 
veyor General,  not  for  the  work  of  the  Deputy  Sur- 
veyor, by  whom  the  survey  is  to  be  made.-* 

A  deposit  of  $320  for  the  office  work  in  connection 
with  an  application  covering  ten  mineral  locations  and 
two  mill  sites  was  he^l  not  to  be  an  unreasonable 
sum.'-^ 


i 

If) 

i 

20 

I 

21 

22 

i 

2.t 

1 

24 

Rol.rrt   r;..rllnslvi.   20  L.    D.,    283. 

Willinin    K.    .Tii.obs.    21    L.    D..    379. 

C'diirr    lo    Surveyor   (!»'neral    of    Montiinii.    Sept. 
jilso,   7   (M>I>.   Ally.    <}cii.,  (i2. 

Kll.iali  M.   Duni.hy,  8  L.   D..   102. 

rorii'r  to  rj.  W.   Piirk.  .Inly  13,   1Sf»»i. 

<J.   n.   F.Mile    2  L.    P..  773. 

Meiil.'iii!!    M.    \-    Heil.   To.,    10  C.   I..    0.,*2<i!». 


10,    1894. 


OF   THK   IJMTKI)    STATI'.S. 


<;:i 


Where  an  amendment  of  a  mineral  survey  is  of  such 
character  as  will  not  require  an  entirely  new  plat  and 
field-notes,  the  charge  for  ofhce  work  should  not  )"•  as 
much  as  in  case  of  an  original  survey.-" 

The  details  relative  to  the  field  work  on  the  survey 
of  mining  claims  may  be  found  in  the  Official  Circular 
of  Instructions  to  United  States  Deputy  Mineral  Sur- 
veyors,'-' and  the  Deputy  is  governed  by  regulations  he 
must  observe  without  regard  to  the  opinions  or  sug- 
gestions of  the  claimant.  It  is  therefore  not  deemed 
necessary  to  consider  this  branch  of  the  subject  at 
length,  inasmuch  as  the  claimant  is  not  required  to 
exercise  any  discretion  in  the  matter.  It  may,  how- 
ever, be  stated  that  should  a  claimant  dictate  the  man- 
ner of  making  any  part  of  the  survey,  he  is  alone  re- 
sponsible if  the  Deputy's  returns  are  rejected  because 
Of  conflict  with  the  regulations.  The  mineral  claimant 
may,  howcA'^er,  acquire  much  valuable  information  by 
an  examination  of  the  instructions  cited,  and  a  knowl- 
edge of  the  requirements  thereof  may  enable  him  to  so 
perfect  his  location  that  the  surveyor  will  have  but " 
little  trouble  when  he  comes  to  do  the  work  in  the 
field  and  to  prepare  his  notes  and  report  thereon. 

Should  the  notes  of  survey  returned  by  the  Deputy 
be  fdund  correct  and  in  accordance  with  the  regula- 
tions, the  Surveyor  General  will  prepare  four  plats  and 
one  copy  of  the  original  field  notes,  which  are  (iisposed 
of  as  follows:  One  i)lat  and  the  original  (ield  notes  are 
retained  in  the  office  of  the  Surveyor  General,  two 
copies  of  the  plat  and  one  copy  of  the  field  notes  are 
given  the  claimant,  that  he  may,  in  connection  with 
his  application  for  patent,  post  one  plat  on  the  claim 
and  file  the  other  plat  and  the  copy  of  field  notes  in 
the  local  land  office,  with  the  other  papers. 

The  remaining  plat  is  forwarded  by  the  Surveyor 
General  to  the  local  land  office  to  be  permanently  re- 
tained In  the  files  there  for  reference. 

The  plats  of  mineral  surveys,  prepared  for  the  claim- 
ant, the  local  land  office  and  the  General  Land  Office 
should  all  be  signed  by  the  Surveyor  General,  all  being 
originals.  l?lue-print  copies  should  nol  be  made  instead 
of  originals.-"' 

26  Coui'r  to  Surveyor  GeiK  r:d  of  C.iliforniH,    .Tnn.   2,   1K!12. 

27  See   pp.    14\)   to   171,    ineliislve.    Mineral   Law    IHiiest. 

28  C'oiu'r  to  Surveyor  General  of  New  Mexico,  Sept.   17,  1WM. 


U^i 


tU  I  ] 


til 


nn 


04 


MINKHAL    LAM)    LAWS 


It  cannot  bo  objocted  that  any  |>lats  or  flold-notes  are 
copies  and  not  originals  in  a  mining  case,  as  four  plats 
and  fleld-notes  in  duplicate  are  prepared  by  the  Sur- 
veyor General.^" 

The  survey  having  been  properly  executed,  the 
claimant  is  ready  to  proceed  to  the  next  step,  which  is 
the 


rOSTING  OF  PLAT  AND    NOTICE  OF    APPLICA- 
TION ON   THE  CLAIM. 

Prior  to  filing  his  application  for  patent  the  claim- 
ant must  post  on  the  claim  in  a  conspicuous  place  a 
copy  of  the  plat  furnished  him  by  the  Surveyor  Gen- 
eral, and  a  notice  of  said  application  for  patent. 

This  notice  should  contain  the  name  of  the  claim  for 
which  application  is  to  be  made,  the  extent  of  surface 
ground  claimed,  the  situation  thereof  by  mining  dis- 
trict, county  and  State,  a  brief  but  complete  descrip- 
tion of  tlie  claim  by  metes  and  bounds  taken  from  the 
offlcial  field  notes,  and  the  place  of  record  of  the  lo- 
cation certificate.  This  is  dated  and  signed  by  the 
claimant, 3" 

A  mineral  application  presented  at  the  local  office  be- 
fore the  plat  and  notice  have  been  posted  on  the  claim 
has  been  held  to  be  void.^^  Failure  to  post  the  plat 
and  notice  in  a  conspicuous  place  necessitates  new 
notice  by  publication  and  posting.^-  In  the  considera- 
tion of  controversies  relative  to  the  place  of  posting 
the  rulings  have  been  to  this  effect: 

An  open  shaft-house  is  a  "consyjicuous  place"  upon  a 
claim  for  posting  of  notice  of  application  for  patent;^* 

Posting  of  plat  and  notice  of  application  for  patent 
upon  a  shaft-house  is  posting  in  a  conspicuous  place, 
as  "the  shaft-house  is  certainly  the  most  conspicuous 
object  on  a  mining  claim,  especially  where,  as  in  the 
case  at  bar,   there  were  no  other  improvements;"^* 

29    Juniper  Mine,  4  C.  L.  O.,  115. 

.30  For  a  full  discussion  of  wliat  tlio  posted  notice  shmdd 
contain  seo  Pultlication,  p.  77.  Sec  para>rraph  44.  Ilegulu- 
tlous  p.    140. 

.'U  De  Lonp  v.   TTine,    1  L.   D..  545. 

32  Ferguson   \.    Hanson,    21  L.    D.,    336. 

33  Ixjuisvllle  I/ide,   1  L.  D.,  548. 

34  (Jowdy   V.   Klsuiet  C.   M.    Co.,  22   L.    D..   024. 


OF    TlIK   IMTKIt    ST.\TF:S. 


m 


The  plat  and  notice  of  application  for  patent  for  a 
mining  claim  may  be  posted  ui)on  ground  excluded 
from  the  application  if  in  a  conspicuous  place ;^'* 

A  mineral  entry  may  be  referred  to  the  Board  of 
Equitable  Adjudication,  where  posting  of  plat  and 
notice  of  application  for  patent  was  not  made  on  the 
claim,  owing  to  inaccessibility  and  danger  of  snow 
slides,  but  in  a  conspicuous  place  on  an  adjoining 
claim  ;■■'« 

Only  one  plat  is  required  to  be  made  and  posted  on 
a  consolidated  claim, ^'  but  when  the  application  in- 
cludes a  lode  and  millsite,  the  notice  should  be  posted 
on  both.'"' 

With  the  application  for  patent  must  be  fded  a  copy 
of  this  notice  and  an  affidavit  by  at  least  two  witnesses 
as  to  the  fact  of  such  posting.  The  usual  method  of 
making  proof  in  this  particular  is  by  an  affidavit  by  the 
two  witnesses,  which  incorporates  a  copy  of  the  notice 
posted.''"  The  affidavit  of  posting  should  be  specific  as 
to  the  date  such  posting  commenced.^" 

It  is  too  late  to  raise  a  technical  objection  to  the 
affidavit  of  posting  the  plat  and  notice  after  action  on 
said  affidavit  and  the  allowance  of  the  entry.  The 
affidavit  of  posting  may  be  properly  made  by  a  claim- 
ant whose  knowledge  of  the  fact  is  derived  from  per- 
sonal observation  at  various  times  of  the  plat  and 
notice  as  posted,  and  from  such  information  with  re- 
spect thereto  as  could  be  accepted  by  a  reasonably 
cautious  man.*^ 

APPLICATION    FOR   PATENT. 

Following  the  posting  on  the  claim,  the  claimant 
should  next  file  his  application  for  patent. 

A  filing  fee  of  $10  must  be  paid  to  the  local  land 
officers  for  each  application  or  adverse  claim  that  is 


35  Hughes  v.    Gilbert,    2   L.    D.,    750. 

36  Rowena  Lode,  7  L.  D.,  477. 

37  S.    F.   MiK'kie.   5  L.    D.,  109;  Coin'r  to  ruoblo  land  omoo, 
Jan.  12,  1897,   in  re  ICngineer  Lode. 

3S    Bailey  &  Grand  View   M.    &;  Sni.   Co..  3   L.   D.,  386;   New 
York   Lode  and   llillsito,   5  L.    D..   513. 

39  See  paragraph  45,   Regulations  j).   141.    See  form,  p.  181. 

40  Prlnee  of  Wales  Lodo.  2  C.   L.   O..   2. 

41  Bright  v.  Klkhorn  M.  Co.,  0  L.  D.,  503. 
5 


li '. 


C6 


WINKItAL    LAND    LAWS 


received  and  placed  of  record.  Should  the  a|»plkation 
or  adverse  claim  he  rejected,  no  fee  is  charged.  Only 
one  fee  may  lie  charged  for  an  application,  whether  it 
embraces  one  location,  or  a  consolidated  claim  con- 
taining many  locations. '- 

The  application  for  patent  required  by  Section  2325, 
TTnited  States  Revised  Statutes,"  need  not  follow 
any  particular  form,  but  should  contain  a  brief  state- 
ment showing  the  name  of  the  claim,  the  character 
of  deposit  claimed,  an  allegation  of  present  ownership, 
and  a  description  of  the  land.  The  term  "application 
for  patent"  is  usually  applied  to  the  affidavit  consti- 
tuting the  formal  application.  In  fact,  the  term  in- 
cludes all  papers  required  to  be  filed  at  this  time,  and 
which  go  to  show  a  legal  location,  title  thereunder  and 
compliance  with  law  by  the  applicants  or  their  grant- 
ors. It  is  usual  to  make  reference  in  the  application 
(using  this  word  in  its  restricted  sense)  to  the  various 
other  papers  filed  and  which  are  in  reality  a  part 
thereof.  This  "application"  must  be  under  oath,  and 
when  filed  and  placed  of  record  operates  as  a  segre- 
gation of  the  land  described  therein  from  other  appro- 
priation while  of  record.  It  may  include  any  number  of 
contiguous  locations  held  in  common,  whether  lode  or 
placer,  and,  of  course,  each  location  should  be  made  a 
part  of  the  official   survey   heretofore  mentioned." 

An  application  must  be  sworn  to  by  the  party  mak- 
ing it.''^  An  application  for  a  mining  claim  signed  by 
one  joint  owner  for  himself  and  co-claimants  should  be 
recognized  as  the  application  of  all  the  owners;  the 
acts  of  the  agents  are  the  acts  of  the  claimants  them- 
selves."   Applications  may  be  made  by  residents  tem- 

42  See.  2238,  U,  S.  Rev.  Stnts.,  par.  9,  provides  for  tho  pay- 
ment of  "A  fee  of  five  dollars  for  tiling  and  artlng  upon  eacli 
application  for  patent  or  advf^ree  claim  filed  for  mineral  lands, 
to  l)e  paid  by  llic  respective  parties."  (Tlie  fee  of  five  dollars 
is  paid  to  each  of  the  local  officers). 

43  See  p.    136. 

44  Form  of  application,  see  p.  182.  St.  I>iouls  Smelting  Oo. 
v.  Kemp,  104  V.  S.,  6.36;  Good  Retui-n  M.  Co..  4  L.  D..  221; 
Samnel  E.  Rogers.  4  L.  D.,  284;  Champion  M.  Co.,  4  L.  D.. 
362;  S.  F.  Mackie.  5  L.  I).,  199;  William  DeWitt.  9  C.  L.  O.. 
34.  (The  above  decisions  overrule  the  Circular  of  .Tur\e  8,  1883. 
and  Lake  Quicksilver  M.  Co.,  2  V.  L.  O.,  130).  Circular  of 
March  24,  1887,  under  Good  Return  deciBion,  8  L.  D.,  505. 

45  Jefferson  M.   Co.  v.  Pennsylvania  M,  Co.,  1  C.  L.  O.,  66. 

46  Ayers  v.  Daly,  3  C.  L.  O.,   196. 


\.. 


UF   THK   UXITIOI)   STATES. 


m 


porarily  absent  from  the  land  district  by  an  agfit." 
The  affidavits  required  of  an  applicant  for  a  mineral 
patent  may  not,  under  the  act  of  January  22,  18X0, <**  l)e 
made  by  an  agent  if  the  applicant  is  a  resident  of,  or 
at  date  of  making  proof  within,  the  land  district,  even 
if  the  agent  is  the  only  one  personally  cognizant  of  the 
facts  constituting  compliance  with  the  law.^" 

Tho  filing  of  an  application  for  a  mineral  patent  bars 
the  receipt  of  another  application  for  the  land.''"  Mere 
application  for  patent  for  a  mining  claim,  not  followed 
by  notice  thereof,  is  not  a  segregation  of  the  land,  and 
confers  no  rights  on  which  others  are  bound  to  wait 
indefinitely,  and  it  is  the  practice  to  reject  such  an  ap- 
plication without  the  formality  of  notifying  the  appli- 
cant and  giving^  him  an  opportunity  to  show  cause 
why  such  action  should  not  be  taken.''*  Should  it  ap- 
pear, however,  that  posting  and  publication  have  been 
made,  an  application  cannot  be  rejected  without  the 
formality  of  notice  to  the  applicant  and  a  hearing  as  to 
the  charge  of  abandonment.''- 

An  applicant  for  patent  must  show  the  claim  to  be 
valuable  for  mineral. ''^  An  application  for  claims  not 
owned  in  common  will  be  canceled  as  to  those  of  the 
locations  not  so  owned,  and  if  none  of  the  locations 
are  held  in  common  the  application  will  be  canceled 
as  an  entirety.''* 

A  mineral  application  should  not  be  received  for  land 
covered  by  a  homestead  entry,  but  upon  its  tender 
a  hearing  should  be  ordered  to  determine  the  character 
of  the  land.  (In  such  case  the  erroneously  filed  appli- 
cation was  allowed  to  stand  pending  such  a  hearing.)" 
The  proper  land  office  in  which  to  file  an  application  for 
patent  or  an  adverse  claim  is  the  land  office   having 

47  Topsy  Mine.  7  C.  L.  O.,  20. 

48  See   p.    137. 

49  Rico  liOde,  8  L.  D.,   223. 

50  Great  Eastorn  M.  Co.  v.  Esmoralda  M. 


Gunnison  Ci\vatal  M.  Co..  2  L.  D 
40;  Rocky  Lode,  15  I..   D.,  571 

51  Snow  Flake  Lodo,  4  L.   D.,  .10. 

52  See  p.  81)  and  Moylan  C.  Fox,  2  L 

53  Morrill  v.   .Marffarct  M.  Co.,  11  L. 


Co..  2  U  D..  704; 
722;  Hall  v.  Street,  3  L.  D., 


54  Coni'r    to    Helena    otl'ice, 
Ix)uia  (J.  Lodes.* 

55  Hooper  v.   Ferguson.   2  L. 


\ug.    5, 
IX,  712. 


D.,  7fiO. 
I).,  503. 
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23  WEST  MAIN  STREET 

WEBSTER,  NY    14580 

(716)  872-4503 


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68 


MINERAL   LAND   LAWS 


jurisdiction  of  the  land  in  question  at  the  time  of 
filing-/'*'  Where  a  party  commences  proceedings  for  a 
mining  patent  on  unsurveyed  land  in  a  certain  land 
office,  under  the  erroneous  belief  that  such  claim  is 
within  that  land  district,  he  must,  on  discovering  his 
mistake,  commence  de  novo  before  the  proper  land 
office."  The  owner  of  a  mining  claim  need  not  apply 
for  a  patent  therefor  until  he  so  chooses/'*  But  until 
he  does  so,  makes  entry  and  secures  patent,  his  title 
is  possessory,  and  is  liable  to  forfeiture  by  a  failure  to 
comply  with  the  conditions  imposed  by  the  statutes. 

PROOF  OF  POSSESSORY  TITLE. 

The  applicant  must  also  at  this  time  file  evidence  of 
title.  This,  according  to  paragraph  47  of  the  mining 
regulations,^"  should  consist,  if  the  applicant  claims  as 
sole  locator,  of  a  copy  of  the  location  notice  certified 
by  the  recorder  in  charge  of  the  records  where  the 
same  is  recorded,  and  his  affidavit  to  the  effect  that  he 
has  not  disposed  of  the  land  so  located  and  applied 
for.  In  case  the  applicant  is  a  locator  with  others, 
and  claims  to  have  acquired  all  interest  in  the  property 
by  purchase  or  forfeiture  proceedings""  he  must  fur- 
nish in  addition  to  the  location  notice,  a  complete  ab- 
stract of  title  from  date  of  location  brought  down  +o 
date  of  application,  showing  the  entire  possessory 
title  to  be  vested  in  him.  If  he  claims  by  purchase 
solely,  a  similar  abstract  is  required.  The  certificate 
of  the  recorder  should  show  that  there  are  of  record 
no  other  conveyances  affecting  the  land  applied  for. 

Should  it  happen  that  entry  is  made  in  the  names  of 
parties  other  than  the  applicants  for  patent,  or  that 
the  name  of  an  applicant  is  omitted,  or  that  additional 
parties  are  joined  in  entry  with  the  original  applicants. 
It  is  required  that  the  abstract  be  brought  down  to  date 
of  entry,  that  patent  may  issue  to  those  who  appear 
to  possess  title  at  that  date."^    The  Land  Department, 

no    FiTdoilfk  A.  Williiims,   10  C.   L.  O.,  110. 

57  Buithcl   Jacobs,    12   C,    L.   O.,    IHS. 

58  L«>l)iinon  M.  Co.  v.  Cons.  Ropublicnn  Mtn.  M.  Co.,  6 
Colo.,  ;mi. 

5»    Appi-ovpd   Deocinbpr   15,    1897.   pago  141. 

00  See.  2324  V.  S.   Rt'V.    Stut.,   p.   124. 

01  Com'r  to  Mosos  M.  Strong,  Aug.  3,  1801.  Reed  and 
Hillary   Lodos. 


OF   THE   rNlTRD   STATES, 


r.$> 


however,  does  not  trace  title  beyond  date  of  cntiT-"^ 
It  is  often  the  ease  tiiat  numerous  transfers  are  made 
subse(iuent  to  entry  (payment  for  the  land)  and  prior 
to  the  issuance  of  patent.  The  recognition  of  these 
transfers  and  an  attempt  to  issue  title  in  accordance 
therewith,  would  cause  much  unnecessary  labor  for  the 
Land  Department,  as  well  as  be  productive  of  confu- 
sion, It  has  therefore  wisely  been  made  the  rule  to 
merely  reQuire  proof  of  paper  title  to  date  of  applica- 
tion in  the  f-rst  instance,  and  to  require  its  extension 
to  date  of  entry  only  in  case  the  final  certificate  of 
entry  shows  chang^es  from  the  abstract  of  title  first 
furnished.  Indeed  no  harm  would  be  done  if  changes 
in  title  subsequent  to  filing  of  application  were  ignored 
entirely,  and  patent  issued  to  the  parties  then  shown 
to  be  entitled  thereto.  Under  the  decisions  the  title  as 
patented  would  vest  in  the  applicant's  grantee  as  in 
case  of  ordinary  transfers  where  one  holding  an  equit- 
able title  attempts  to  convey  a  fee  simple  title,  the  fee 
simple  title  subsequently  acquired  by  him,  vesting  in 
his  grantee  by  relation.  However,  as  it  has  been  held"' 
that  an  entryman  secures  a  further  and  different  title 
than  the  applicant,  it  seems  to  be  the  better  practice 
in  case  the  record  discloses  any  transfers  prior  to 
entry  to  have  the  patent  issue  to  the  ones  in  whom 
the  full  legal  title  was  at  that  date.  The  names  of 
co-owners  who  are  shown  by  the  abstract  to  have  title, 
inadvertently  omitted  from  the  application  for  patent, 
may  be  subsequently  supplied. 

In  case  the  abstract  shows  title  in  co-owners  omitted 
from  the  application,  the  names  of  such  will  be  insert- 
ed in  the  entry  unless  it  be  established  that  the  inter- 
ests of  such  co-owners  were  regularly  and  legally  for- 
feited prior  to  date  of  entry,  by  proceedings  under 
S'^ction  2324,  U.   S.   Revised  Statutes."* 

As  stated  on  page  4P  the  former  practice  of  the 
Land  Department  was  to  talce  no  notice  of  the  fact 
that  a  co-owner's  name  was  omitted  from  an  applica- 


G2  F.  P.  Ilnnison,  2  L.  D..  TfiT:  Whittakpr  v.  S.  P.  K.  R. 
Co.,  7  C.  L.  O.,  80;  OphHlii  Popt'  liOwc  (reviow),  U  C.  L.  O., 
192. 

03  Bluck  V.  Elkhorn  M.  Co.,  103  U.  S.,  445;  49  Feil.  Rep., 
649. 

04  See    p.    124. 


to 


MINERAL   LAND   LAWS 


tion  for  patent,  the  requirement  being  that  a  co-owner 
should  protect  his  rights  by  (iling  an  adverse  claim;''' 
but  by  a  recent  decision""  the  ride  as  laid  down  in  the 
case  of  Turner  v.  Sawyer  (150  U.  S.,  578-586),  has  been 
recognized,  and  made  the  rule  of  the  Department. 

The  practice  of  the  Land  Department,  when  the  ab- 
stract of  title  shows  a  party  possessing  an  interest 
who  is  not  joined  as  entryman,  is  to  require  the  entry- 
man  to  show  cause  why  the  name  of  such  co-owner 
should  not  be  inserted  in  the  final  certificate  of  entry. 
If  no  showing  is  made  within  the  time  specified,  the 
name  is  inserted  and  the  entry  proceeds  to  patent. 

The  abstract  must  show  all  the  locations  of  a  group 
cf  claims  covered  by  one  application  for  patent  to  be 
held  in  common,  and  the  entry  will  be  canceled  as  to 
those  locations  not  so  owned. "^ 

If  the  abstract  shows  that  at  date  of  application  the 
applicant  had  no  possessor-'  title,  the  entry  will  be  can- 
celed."** A  defective  abstract  of  title  may  be  explained 
or  supplemented  by  affidavits."" 

One  basing  title  upon  a  relocation  need  not  trace  title 
back  of  such  relocation. '^'^  Should  a  relinquishment  of 
entered  ground  be  made,  a  continuation  of  the  abstract 
to  date  of  relinquishment  will  be  required  to  show  that 
the  one  executing  the  same  had  the  right  to  do  so.^* 

As  a  general  rule,  it  may  be  stated  that  the  abstract 
of  title  required  in  connection  with  an  application  for 
a  mining  patent  must  show  all  the  transactions  affect- 
ing in  any  manner  the  possessory  title.  The  Land  De- 
partment ordinarily  does  not  pay  any  attention  to  any- 
thing but  absolute  conveyances,  although  in  a  few 
instances,  for  the  purpose  of  preventing  hardship,  it 
has  recognized  deeds  which  were  in  fact  mortgages  or 

05  Grnmpian  Lofle.  1  L.  D..  544;  Lucy  T\.  ITnsaoy  Lode,  5 
L.  D..  S>;{;  Monitor  Lode.  18  L.  1)..  .358;  Gold  Dirt  Lode,  10 
C.  L.   O..   IIJ);  J.   Q.  S.   Lode,   10  C.   L.   O.,  200. 

60    Thonias  v.   Elling,   25  L.    D.,   495. 

07  rom'r  to  Helena  offloo.  Aur.  5.  189.3.  In  re  Forest  & 
Lonls  G.   Ix)des. 

08  Montana  Company,  6  L.   D.,  2G1. 

09  Coin'r  to  Ht>l(>na  office,  Sept.  20.  1894.  in  re  Grubstake 
and  Homostead  "Lodes. 

70  Gold  Dh-t  Lode,  10  C.   L.   O.,  119 

71  Coni'r  to  Pueblo  offloo,  Sept.  :?0,  1895.  in  re  Lookout 
I/)dp;  Ground   Hoc;  Lode,  20  L.  D.,  211. 


or    THK   UMTKD   STATES. 


1i 


contracts  for  conveyance  before  application,  if  full  title 
was  acquired  before  patent. '- 

STATUTE  OP   LilvIITATlONS. 

Section  2332,  United  States  Revised  Statutes,  provides 
that  "where  such  person  or  association,  they  or  their 
grantors,  have  held  and  worked  their  claims  for  a  pe- 
riod equal  to  the  time  prescribed  by  the  Statute  of 
Limitations  for  mining-  claims  of  the  State  or  Territory 
where  the  same  may  be  situated,  evidence  of  such 
possession  and  working  of  the  claims  for  such  period 
shall  be  sufficient  to  establish  a  right  to  a  patent  there- 
to under  this  chapter  in  the  absence  of  an  adverse 
claim." 

This  section  of  the  statute  may  be  invoked  in  case 
the  records  of  mining  claims  have  been  lost  or  de- 
stroyed through  lapse  of  time  or  by  accident,  or  in 
cases  where  no  record  was  ever  made  of  location  or  of 
transfers   of  title. ^^ 

The  applicant  desiring  to  make  proof  of  title  under 
this  section  should  file  (1)  a  duly  certified  copy  of  the 
Statute  of  Limitations  of  the  State  or  Territory;  (2) 
his  affidavit  reciting  the  facts  relative  to  the  origin  of 
his  title,  the  continuance  of  his  possession  of  the  min- 
ing ground  applied  for,  the  area  thereof,  the  nature 
and  extent  of  the  mining  operations  of  himself  and 
grantors,  whether  his  possession  has  ever  been  op- 
posed, when  and  through  what  proceedings  such  oppo- 
sition, if  any,  ceased,  and  any  and  all  other  facts  with- 
in the  applicant's  knowledge  which  he  desires  to  sub- 
mit as  bearing  upon  his  right  to  the  land;  (3)  a  cer- 
tificate under  seal  of  the  court  having  jurisdiction  of 
mining  cases  within  the  judicial  district  embracing  the 
claims,  which  certificate  should  show  that  no  suit 
alTecting  the  title  to  said  mining  claim  is  pending,  and 
that  there  has  been  no  litigation  before  said  court  af- 
fecting the  title  to  said  claim  or  any  part  thereof  for 
a  period  equal  to  the  time  fixed  by  the  Statute  of  Lim- 
itations of  the  State  or  Territory  wherein  said  claim 
is  situate,  other  than  that  which  has  been  finally  de- 
cided in  favor  of  the  applicant;    and  (4)  he  should  sup- 


72  White  Extension  West  Lode,  22  L.  D.,  077. 

73  For  form  of  proof  see  iia>?e  208. 


72 


MINERAL  LAND   LAWS 


11 1 


" 


! 


port  this  showing  by  corroborative  testimony  in  the 
form  of  affidavits  by  disinterested  persons  familiar 
with  the  facts  in  the  case. 

CITIZENSHIP. 

The  statute^*  prescribes  that  only  citizens  of  the 
United  States,  or  those  who  have  declared  their  inten- 
tion to  become  citizens,  may  locate,  hold  or  secure  pat- 
ent for  the  public  mineral  lands  of  the  United  States." 

Those  who  may  take  under  this  section  are  indivld- 
uals,  unincorporated  associations  of  individuals  and 
corporations.  A  resident  of  the  United  States  is  prima 
facie  a  citizen.^"  No  distinction  on  account  of  sex  is 
made  as  regards  persons  qualified  as  to  citizenship;" 
and  the  statutes  make  no  requirement  as  to  age." 
Married  women,  if  citizens,  may  take  mineral  lands, ^^ 
and  a  married  woman,  born  an  alien,  is  qualified  as 
to  citizenship  if  her  husband  is  a  citizen  or  has  de- 
clared his  intention  to  become  one.^®  It  has  also  been 
held  that  the  marriage  of  an  alien  widow  residing  in 
the  United  States,  to  a  citizen  during  the  minority  of 
the  widow's  child,   renders  the  child  a  citizen. s" 

The  child  born  abroad  of  American  parents,  there 
temporarily  sojourning,  is  a  citizen  of  the  United 
States. ^^  Mexicans  residing  in  California  at  the  time 
of  its  cession  to  the  United  States,  became  citizens 
of  the  United  States  unless  they  elected  otherwise 
within  one  year.^^  An  Indian  born  within  the  terri- 
torial limits  of  the  United  States,  who  has  abandoned 
the  tribal  relation  and  adopted  the  customs  of  clvil- 

74  Sec.  2321,  U.  S.   Rev.   Stat.,   p.   149. 

75  O'Rollly  V.  Campbell.  116  U.  S..  418;  North  Noonday  M. 
Co.  V.  Orient  M.  Co.,  1  Fed.  Rep.,  522;  Kempton  Mine,  1  C.  L. 
O.,   178. 

76  .Tantzen  v.  Arizona  Copper  Co.,  20  Pac.  Rep.,  93, 

77  Com'r  to  Eureka  office,  Nov.  13.  1877,  4  C.  L.  O.,  179; 
Thompson  v.  Spray.  72  Cal.,  528;  Cora'r  to  Francis  Cunning- 
ham, 7  C.  L.  O.,  179. 

78  Com'r  to  A.   R.  Dlcljey,  Dec,   19,    1891. 

79  Bogart  v.    Daniels.    18  L.    D.,   528. 

80  State  v.  Newell,  45  N.  Y.  St..  38;  U.  S.  v.  Keller,  11 
Blss.,   314;   Com'r  to  Pueblo  office,    Fel).   8,    1896. 

81  Gaby  v.  Thompson,  19  L.  D.,  282. 

82  9  Stat.,  922-929;  .Tones  v.  S.  P.  R.  R.  Co.,  19  L.  D., 
270;   Aubrey  v.    Cl.ipp.   8  C.  L.    <)..    19.{. 


T*^TT?^ 


OF   THE  UNITED  STATES. 


73 


ized  life,  is  a  citizen  of  the  United  States  under  Section 
6  of  the  act  of  February  8,  1887.»^ 

The  members  of  an  association  unincorporated  must 
be  individually  qualified.  The  proof  of  citizenship  in 
such  a  case  may  be  made  by  a  duly  authorized  agent.**' 

While  the  earlier  cases  held  that  an  alien  could  not 
locate  or  convey  mining  claims,®''  the  more  recent  cases 
lay  down  the  rule  that  the  title  of  a  claimant  of  the 
public  mineral  lands  as  locator  of  a  mining  claim  may, 
not  be  questioned  on  the  ground  of  alienage  by  any- 
one excepting  the  United  States,  or  in  proceedings  to  • 
obtain  a  United  States  patent  (on  adverse  suit),®"  and 
if  an  alien  locates  and  perform?  all  acts  necessary  to 
a  valid  location,  and  then  sells  to  a  citizen,  such  citi- 
zen thereby  acquires  and  holds  a  valid  title  as  against 
all  persons  having  no  right  in  the  premises,  before 
conveyance  by  the  alien." 

The  courts  have  not  only  held  that  a  mining  claim 
illegally  initiated  by  an  alien,  may  be  validated  by  a 
subsequent  declaration  of  Intention  to  become  a  citi- 
zen if  made  before  the  intervention  of  any  adverse 
rights,®®  but  they  have  gone  to  the  extent  of  holding 
that  when  the  alienage  of  an  applicant  for  United 
States  patent  is  set  up  by  an  adverse  claimant,  the 
declaration  of  intention  to  become  a  citizen,  made  by 
the  applicant  during  the  pendency  of  the  adverse  suit, 
but  before  judgment,  will  render  his  title  good  as  far 
as  citizenship  is  concerned.®" 

The  effect  of  these  decisions  is  to  place  the  alien  on 


83  24    Stat.,    388;    Turner  v.   HolUday,   22  L.    D..    215. 

84  Paragraph  68,  Mining  Circular,  approved  Doc.  15.  1897, 
p.  149. 

85  Lee  v.  Justice  M.  Co.,  2  Colo.  App.,  112;  29  Pac.  Rep., 
1020;  Bohanon  v.  Howe,  2  Idaho.  417;  Lee  Doon  v.  Tesh.  68 
Cal.,  43;  Territory  v.  Lee,  2  Mont..  124;  Tibbetts  v.  Ah 
Tong,  4  Mont.,  536;  Anthony  v.  Jillson,  83  Cal.,  296j  Golden 
Fleece  G.  &  S.  M.  Co.  v.  Cable  Cons.  M.  Co.,  12  Nev..  312,  15 
Nev.,    450. 

86  Bllliiigs  V.  Aspen  M.  &  Sm.  Co..  51  Fed.  Rep.,  338,  52 
Fed.  Rep.,  250,  10  U.  S.  App.,  1,  322;  Wood  v.  Aspen  M.  & 
Sm.  Co.,  30  Fed.  Rep.,  25. 

87  North  Noonday  M.  Co.  v.  Orient  M.  Co..  1  r'ed.  Rep.,  522. 

88  Golden  Fleece  M.  Co.  v.  Cable  Cons.  M.  Co.,  12  Nev., 
312.  15  Nev.,  450;  Croesus  M.  Co.  v.  Colorado  Land  &  M.  Co., 
19  Fed.  Rep.,  78;  North  Noonday  M.  Co.  v.  Orient  M.  Co.,  1 
Fed.   Rep.  522. 

89  Manuel  v.  Wulff,  152  U.   S.,  505. 


(if- 


\fl 


• 


74 


MINERAL   LAND   LAWS 


practically  the  same  footing-  as  the  citizen  so  far  as 
the  possessory  title  to  mining  claims  is  concerned,  and 
is  apparently  in  contravention  of  both  the  letter  and 
spirit  of  the  statute. 

An  alien  twenty-one  years  of  age,  who  has  been  hon- 
orably discharged  after  serving  an  enlistment  in  the 
United  States  army,  occupies  the  status  of  one  who 
has  declared  his  intention  of  becoming'  a  citizen.''" 

A  Chinaman  cannot  become  a  naturalized  citizen." 
Natives  of  Alaska  are  not  Indians"-  and  cannot  ac- 
quire title  to  public  lands,  their  status  being  as  yet  un- 
determined."^ 

A  corporation  is  a  citizen  of  the  State  where  in- 
corporated"* and  is'  an  individual,"^  the  stockholders 
being-  presumed  to  be  citizens  of  the  United  States."" 

When  created  under  the  laws  of  any  of  the  United 
States  a  corporation  is  competent  to  locate  or  to  join 
with  others  in   the  location  of  a  rtiining  claim. "^ 

PROOF  OF  CITIZENSHIP.        • 

The  manner  of  making  proof  of  citizenship,  as  re- 
quired by  paragraphs  68  to  75  inclusive,  of  the  mining 
regulations,"**  will  now  be  considered. 

An  affidavit  of  citizenship  made  by  a  mineral  claim- 
ant is  not  only  good  evidence  under  the  law  before  the 
Land  Department,  but  in  any  proceedings  based  on 
Chapter  6.  Title  XXXII,  United  States  Jlevised  Stat- 
utes.""   This  affidavit  should  show  whether  the  claim- 

90  Sec.  2106,  U.  S.  Rev.  Stat.;  Smith  v.  U.  S.,  16  L.  D., 
.•?52. 

91  Soo.  21  (!9.  U.  S.  Rov.  Stiit..  ns  amended  hv  act  of  Feb. 
18.    1875;   18  Stat.,  318;    Chung  Choy,   15  C.    L.   6.,   147. 

92  John  Brady.  19  L.   D.,  .S2;]. 

93  Opinion  Asat.  Atty.  Gen.,  19  L.  D.,  323.  citing  Waters  v. 
Caniiibell,   4  Sawy.,   121. 

94  Ohio  &  M.  n.  it.  Co.  V.  Wheeler,  1  Black.  286;  Eaton  v. 
St.   Louis  M.   &  Sra.  Co.,   7  Fed.   Pep.,   139. 

95  Telford  v.  Keystone  Lumber  Co.  (Review).  19  L.  D..  141. 
See,   aLso.   McKlnley   v.   Wheeler,   130   V.  S.,   630, 

90    Doe   V.  Waterloo   M.  Co.,  70  Fed.   Rep.,  455. 

97  North  Noonday  M.  Co.  v.  Orient  M.  Co.,  1  Fed.  Rep.,  522. 

98  Approved  Dec.  15,  1897,  page  149;  Sec.  2  act  of  April  26, 
1882.    22   Stat.,   49,   page   156. 

99  North  Noonday  M.  Co.  v.  Orient  M.  Co.,  1  Fed.  Rep., 
522.     See,   abso,   S.   C.,    11   Fed.   Rep,,    125. 


% 


T"^  W7 


OF    THE   UNITED    STATES. 


75 


ant  is  a  native  l)orn  or  a  naturalij^ed  citizen,  when  and 
wliere  born,  and  his  rosidonco.  11"  lie  has  declared  liis 
intention  to  become  a  citizen,  or  lias  been  naturalized, 
his  affidavit  n  ust  show  thf^  date,  place,  and  the  court 
before  which  he  declared  his  intention  or  from  which 
his  certificate  of  naturalization  issued.  If  he  claims 
citizenship  by  virtue  of  his  father's  naturalization,  his 
affidavit  should  contain  the  statement  as  to  date,  place 
and  court  as  in  case  of  his  own  naturalization.' 

An  affidavit  of  citizenship  of  a  mineral  claimant, 
made  outside  of  the  United  States,  must  be  made  be- 
fore a  United  States  consular  officer. ^ 

The  heirs  of  a  decedent  who  make  application  or  en- 
try, must  show  citizenship  of  such  decedent,^  and  when 
application  is  made  by  a  trustee,  not  only  the  citizen- 
ship of  the  trustee,  but  that  of  the  beneficiary,  must 
be  proved.* 

In  case  of  an  association  unincorporated,  the  affidavit 
of  citizenship  may  be  made  by  the  agent  of  the  appli- 
cants on  his  own  knowledge,  or  upon  information  and 
belief,  provided  he  accompanies  the  affidavit  with  a 
power  of  attorney  from  the  persons  forming  such  as- 
sociation authorizing  him  to  act  for  them  in  the  matter 
of  their  application  for  patent.  In  case  such  associa- 
tion is  not  represented  by  an  agent,  each  individual 
composing  the  same  is  required  to  execute  and  file  his 
own  affidavit. 

A  corporation  must  file  a  copy  of  its  charter  or  a 
certificate  of  its  incorporation,  certified  by  the  proper 
officer  in  the  State  where  it  is  operating.  For  example, 
a  corporation  organized  under  the  laws  of  New  York, 
when  filing  an  application  for  lands  situated  in  Mon- 
tana, must  furnish  a  copy  of  its  charter  or  articles  of 
incorporation  certified  by  the  Secretary  of  State  of 
Montana. 

A  properly  authenticated  certificate  of  the  existence 
of  a  corporation,  applicant  for  a  mineral  patent,  is 
sufficient   proof   of  citizenship   under    the   statute.     It 

1  See  form,   p.    187. 

2  Sec.    17".0,   U.    S.    Rev.   Stat. 

3  Com'r  to  Dnrango  office.  Feb.  14,  1806,  Gulch  &  Lake 
View  Lodes. 

4  Departuientnl  nm'lar,  June  8,  1883,  2  L.  D.,  72C;  (^ii)ri- 
co  11  Placer,  10  L.  !>.,  tt41 ;  paragraph  HI),  Mining  Circular,  p. 
144. 


;,  «; 


•I 
1:1 


-«*' 


p  I 


76 


MlNEttAL  LAND  LAWS 


is  held  not  to  be  within  the  jurisdiction  of  the  Land 
Department  to  inquire  into  the  authority  of  a  corpora- 
tion under  Its  charter,  to  take  title  to  mineral  lands. 
The  inquiry  can  only  go  to  the  extent  of  determining 
whether  the  applicant  is  regularly  incorporated  under 
the  laws  of  some  one  of  the  States,  and  has  complied 
with  the  statutes  of  the  State  in  which  it  is  operating.^ 

Foreign  corporations  can  acquire  no  right  to  a  pat- 
ent from  the  United  States,  and  a  citizen  acting  as 
trustee  for  such  a  corporation  cannot  make  entry  for 
its  benefit, °  as  when  application  is  made  by  a  trustee, 
proof  of  citizenship  of  the  beneficiaries  is  required, 
as  above  stated. 

Under  the  act  of  March  3,  1887,^  corporations  making 
applications  for  mineral  patents  in  the  Territories  of 
the  United  States,  are  required  to  show  whether  ex- 
ceeding twenty  per  centum  of  the  stock  of  said  cor- 
poration is  "owned  by  any  person  or  persons,  corpora- 
tion or  corporations,  association  or  associations  not 
citizens  of  the  United  States."  In  case  the  evidence 
furnished  on  this  point  shows  alien  ownership  of  more 
than  twenty  per  centum  of  the  stock,  the  application 
will  be  rejected,  or  the  entry  if  made,  canceled. 

Secondary  evidence  of  citizenship  is  accepted  where 
it  is  shown  to  be  impossible  to  furnish  the  affidavits 
of  the  parties  themselves. 

This  secondary  evidence  may  consist  of  the  aflfldavits 
of  disinterested  parties  having  knowledge  of  the  claim- 
ant's status  in  this  regard,  or  by  other  evidence  of 
whatever  nature  which  raises  a  presumption  of  citizen- 
ship. To  illustrate,  it  has  been  held  that  the  oath  to  a 
notice  of  location  required  by  the  Montana  statutes,  in 
which  it  is  asserted  by  one  of  several  locators  that  all 
of  the  locators  are  citizens  of  the  United  States,  is 
prima  facie  proof  of  such  citizenship.^  And  evidence 
that  one  whose  citizenship  is  in  question,  has  voted, 


5  Silver  King  M.  Co.,  20  L.  D.,  116;  Rose  Nos.  1  and  2 
Ixodes,   22  L.    D..  83. 

6  Capricon  Placer,  10  L.  D.,  G41;  Hook  v.  Latham,  11  L. 
D.,  425. 

7  24  Stat.,  476,  amended  by  section  7,  act  of  March  2, 
1897.  Sess.  L.  2nd  sess.  54th  Cong.,  618.  619.  prohibits  acqui- 
sition of  title  to  public  lands  by  aliens.  See,  also,  19  Op.  Atty. 
Gen.,   26. 

S    Hammer  v.  Garfleld  M.  &  M.  Co.,  130  U.  S.,  291. 


OF   THE   UNITED   STATES. 


77 


is  admissible  as  tending  to  raise  a  presumption  of  citi- 
zenship, as  fraud  on  the  part  of  a  voter  is  not  to  be 
presumed.'* 

Such  secondary  evidence  must  be  accompanied  by 
proof  that  the  best  evidence,  1.  e.,  the  affidavit  of  the 
party   himself,   cannot  be  procured. 

If  an  examination  of  the  application  for  patent  and 
the  accompanying  papers  satisfies  the  Register  that 
the  claim  was  properly  located  and  that  title  there- 
under is  vested  in  the  applicants;  that  they  are  quali- 
fied as  to  citizenship;  that  the  survey  of  the  claim,  if 
made  by  metes  and  bounds  as  in  case  of  a  lode  claim, 
or  a  placer  that  does  not  conform  to  legal  subdivisions, 
is  regular;  that  a  discovery  of  valuable  mineral  has 
been  made;  and  that  notice  was  duly  posted  on  the 
claim,  he  will  issue  an  order  for  publication  of  notice 
of  application   for  patent. 

PUBLICATION. 


The  notice  published  must  contain  all  the  essential 
details  required  in  the  notice  posted  as  specified  by 
paragraph  44  of  the  regulations  ;i*'  that  is,  it  must  give 
the  name  of  the  claimant,  the  name  of  the  claim,  the 
mining  district  and  county,  whether  or  not  the  loca- 
tion is  of  record,  and  if  so,  where  the  record  of  loca- 
tion may  be  found,  giving  the  book  and  page  thereof, 
the  number  of  feet  claimed  along  the  vein,  and  the  pre- 
sumed direction  thereof,  the  number  of  feet  claimed  on 
the  lode  in  each  direction  from  the  point  of  discovery 
or  other  well  defined  place  on  the  claim,  the  names  of 
all  adjoining  and  conflicting  claims,  or  if  none  exisj, 
the  notice  should  so  state. 

This  Is  a  recent  revision  of  the  regulation,  the 
tendency  being  to  require  technical  accuracy  in  the 
notices  thus  given  by  posting  and  publication,  it  being 
intended  that  adverse  claimants,  and  citizens  who 
may  have  knowledge  of  facts  which,  if  disclosed,  may 
render  the  claim  invalid,  shall  have  full  information 
of  the  pendency  of  the  application  for  patent. 

9    S.   P.    R.   R.  Co.    V.   Brown,  9  L.  D.,   173;  Jones  v.   S.  V. 
R.   R.  Co.,   19  L.  D.,  270. 

10  Approved  Dec.  15.  1F97,  page  140;  Gowdy  v.  Kismet  O. 
M.  Co.,  22  L.  D.,  624,  24  L.  D..  191;  25  L.  D.,  216;  Depart- 
mental Circular,  March   11.   1897,  24  L.   D.,   266. 


II 


(8 


MINKUAL    LAM)    LAWS 


The  statute  says  that  notice  shall  be  published  "in 
a  newspaper  to  be  by  him  (the  Register)  designated  as 
published  nearest  to  said  claim. "^^  The  regulation 
states  that  it  shall  be  "a  paper  of  established  char- 
acter and  general  circulation." 

It  has  been  held  that  the  Register  may  exerc'se  an 
official  discretion  in  the  designation  of  a  newspaper. 
If  the  one  published  geographically  nearest  the  land 
will  not  give  the  notice  the  greatest  publicity,  or  if  such 
paper  is  not  one  of  reputable  character,  or  if  the  one 
nearest  in  distance  makes  exorbitant  charges,  he  may 
select  another  newspaper,  although  it  may  be  further 
removed  from  the  claim. i- 

This  judicial  discretion  is,  however,  subject  to  the 
supervisory  authority  of  the  Commissioner  of  the  Gen- 
eral Land  Office,  and  the  Secretary  of  the  Interior.'^ 

The  Register  is  not  required  to  recogn'ze  the  differ- 
ence in  distance  between  two  papers  published  in  the 
same  city  or  town.  All  other  things  being  equal,  the 
wishes  of  the  applicant  as  to  the  designation  of  the 
newspaper  should  be  regarded. i'* 

It  should  be  observed  that  this  notice  must  be  pub- 
lished by  direction  of  the  Register,  and  it  has  been  held 
that  a  notice  published  by  the  Receiver  without  the 
consent  of  the  Register,  was  invalid. ^^  -But  where  the 
Register  was  suspended  and  the  Receiver  was  directed 
to  take  charge  of  the  office  and  received  a  mineral 
application,  and  directed  publication  of  notice  thereof, 
it  was  decided  that  his  acts  were  those  of  an  officer 
de  facto,  acting  colore  officii,  and  were  valid. ^^ 

It  has  been  held  by  the  General  Land  Office  that  if  a 
published  notice  is  defective  in  some  material  partic- 
ular, and  republication  is  necessary,  the  responsibility 
rests  with  the  Register,  and  he  may  be  required  to 
pay   the  cost  of  such  republication."     The  soundness 

11  Sec.  2325,  U.  S.  R.  S.,  p.  136;  pariigrapb  50  of  regula- 
tions,  p.    142. 

12  Tomay  v.  Stewart.  1  L.  D..  570;  Erie  Lodo  v.  Cameron 
Lode,  10  L.   D.,  (555;   Bretell  v.  Swift.  17  L.  D.,  558. 

13  Condon  v.  Mammoth  M.  Co.,    15  L.   D.,    330. 

14  W.   A.   Arnold,  2  L.  D.,  758. 

15  Com'r  to  Central  City  oflico.  May  7,  1S74,  1  C.   L.  O.,  50. 

10  Dean  Riclimond  Lode,  1  L.  D.,  545;  and  S.  C,  entitled 
Jeffords   v.    Iline,    11   Tuc.   Rep.,   351. 

17  J.  M.  Payne,  15  C.  L.  O..  07;  Com'r  to  Spoliane  office, 
Oct.   30,    1895,    iu   re    Northern   Light    Lode. 


OK   TlIK   UMTKD   STATICS. 


70 


of  this  decision  may  well  be  questioned,  A  certain 
degree  of  responsibility  unquestionably  rests  with  the 
claimant  to  examine  the  notice  when  first  printed,  and 
to  see  that  it  is  complete  in  every  partion'or.  It  is 
thought  that  the  direction  for  the  Register  t  >  publish 
the  notice  refers  merely  to  the  authority  to  is^ue  the 
order  therefor.  As  a  matter  of  fact  all  the  papers  of 
this  character  are  almost  invariably  pr'"'^  ired  by  the 
claimant  or  his  attorney  or  agent,  and  the  actio  \  of  the 
Registr  • 'lative  thereto  is  purely  perfunct"ry.  It 
might  be  well  to  charge  to  the  Register  thr  -est  of  re- 
p-.Mication  when  it  is  satisfactorily  estHblislied  that 
the  defects  were  the  result  of  gross  negligence  ui  care- 
lessness on  his  part. 

That  part  of  the  published  notice  which  is  descriptive 
of  the  claim,  and  fixes  its  locus,  is  taken  from  the 
official  field  notes  of  survey  if  it  is  a  surveyed  claim. 
In  preparing  this  part  it  should  be  remembered  that 
the  purpose  of  posting  and  publication  is  to  give  notice 
to  the  world  of  the  pendency  of  an  application  for 
patent,  and  it  should  contain  such  particulars  as  will 
best  subserve  this  end.  It  should  first  state  the  course 
and  length  of  a  line  connecting  some  corner  of  the 
claim  with  a  U.  S.  Mineral  Monument,  or  with  a  corner 
of  the  public  subdivisional  surveys.  If  the  claim  is  on 
surveyed  lands,  and  within  two  miles  of  a  section  or 
township  corner,  connection  should  be  made  there- 
with; if  on  unsurveyed  land  or  in  a  township  the  sur- 
vey of  which  has  been  suspended,  connection  should 
be  made  with  a  mineral  monument,^*  and  if  the  claim 
is  taken  by  legal  subdivisions  which  can  only  be  done 
under  the  placer  law,  the  claim  should  be  so  de- 
scribed. Much  uncertainty  exists  in  the  Department 
as  to  what  the  connection  given  la  the  published  notice 
should  be.  So  much  so,  that  an  examination  of  the 
cases  satisfies  one  that  there  is  no  established  rule. 
The  regulations  make  certain  requirements;  the  de- 
cisions accept  almost  anything  else.  Some  of  the  rul- 
ings construe  the  regulations  strictly;  others  go  to  the 
extreme  of  liberality.  To  illustrate,  it  has  been  held 
that  it  is  not  sufficient  to  connect  the  claim  with  a 
corner  of  the  survey  of  an  unpatented  mining  claim;''' 


^^ 


I 


l\ 


18  Paragi-ph   41.    Mining   Circular,    p.    139. 

19  Emperor  Wllhelm   Lode,  5  L.   D.,   685. 


80 


MINEUAL  LAND   LAVV8 


li 


that  republication  will  be  required  if  no  connection  is 
given  in  the  pubhshed  notice;^"  that  a  published  notice 
is  sufficient  which  connects  the  claim  with  a  corner  of 
a  patented  townsite,  which  is  also  the  corner  of  a 
patented  placer,  both  of  which  are  connected  in  their 
respective  surveys  with  a  U.  S.  Mineral  Monument;" 
that  although  the  connection  was  so  erroneous  as  to 
place  the  claina  about  half  a  mile  from  its  true  posi- 
tion, republication  would  not  be  required,  but  the 
entry  might  be  referred  to  the  Board  of  Equitable  Ad- 
judication for  confirmation  ;2'^  the  same  rule  was  an- 
nounced where  the  connection  in  the  published  notice 
showed  a  slight  error  ;-^  where  there  was  an  error  of 
ten  degrees  in  the  course,  and  three  chains  in  the 
length  of  the  connecting  line;^*  where  the  line  was  in- 
correctly published  as  2,552.2  feet  in  length,  instead  of 
2,252.2  feet;^"^  where  the  course  was  given  as  N.  62  de- 
grees E.,  while  the  true  course  was  N.  6  degrees  E.;'^' 
the  published  notice  was  accepted  where  the  length  of 
the  line  was  given  as  822.42  feet  instead  of  622.42  feet, 
the  true  distance,  as  it  appeared  that  a  line  connecting 
a  corner  of  the  claim  with  the  corner  of  another  claim, 
was  correctly   stated  in   the  notice. ^^ 

The  claimant  cannot,  however,  be  certain  that  this 
liberal  construction  of  the  regulations  will  be  made 
in  his  own  case.  He  can  only  be  certain  that  he  will 
not  be  subjected  to  great  delay  and  expense  by  seeing 
that  his  notice  is  in  exact  accord  with  the  regulations. 

The  notice  should  further  describe  the  boundaries  of 
the  claim  by  giving  the  courses  and  distances  from  one 
corner  to  the  next,  beginning  and  ending  with  corner 
No.  1;    should  state  the  exclusions,  if  any,  and  should 


II 


20  Tennessee  Lode,  7  L.  D..  392;  Nil  Desperandum  Placer, 
10  L.  D.,   198. 

21  Kupene  McCarthy,  14  L.  D.,  105.  By  Departmental  In- 
stnictlons,  14  L.  D.,  294,  this  decision  is  held  not  to  be  a 
precedent. 

22  Knena  Vista  Lode,  6  L.  D.,  646;  Veta  Grande  Lode.  6 
L.    D.    718. 

23  Alabama  Quartz  Mine,   14  L.   D.,  563. 

24  Walter  C.  Chllds,   10  L.  D..  173. 

25  Newport  Ltide,  0  L.   D.,  54(1. 

2C    Hoffman  v.    Venard,    14  L.  D.,   45. 

27  Departmental  decision  of  May  20,  18UG,  Alsa  K.  I»de; 
see,   also,    French  Lode,  22  L.    D.,  675. 


^^^W     lf^i|^     Vl^, 


OF   THE  UNITED   STATES.  81 


*    1" 


.15 


locate  the  claim  by  section,  townsliip  and  range  if  on 
surveyed  land. 

As  to  the  requirement  that  the  notices  posted  and 
published  shall  state  where   the   location   is  recorded,  ;i  |:  |l 

g-iving  the  book  and  page  thereof,  and  name  adjcining  i^  j  | 

claims,  the  cases  of  Parsons  v.  Ellis-**  and  Gowdy  v. 
Kismet  Gold  Mining  Company-"  state  the  reasons  for 
the  requirement.  Quoting  from  the  case  first  men- 
tioned: 

"It  is  certainly  contemplated  by  paragraph  29'"'  that 
the  notice  posted  on  the  claim  must  contain  informa- 
tion  where   the   record  of   the  claim   may     be    found.  * 
Si"iply  referring  to  the  record  in  the  office  of  the  re-  |!  |  I 

corder  of  the  county,  as  in  the  case  at  bar,  is  not,  in  '   ' 

my  judgment,  sufficient.  The  book  and  page  of  the 
record  should  be  g'iven  of  the  location  upon  which  the 
official  survey  is  made.  It  is  not  contemplated  that 
those  owning  lands  in  the  vicinity  of  the  claim  for 
which  patent  is  sought  should  be  put  to  the  trouble  and 
expense  of  searching  records  to  ascertain  the  location. 
The  applicant  is  the  moving  party,  and  upon   him  is  ij 

cast  the  burden  of  showing  all  the  data  by  which 
parties  interested  may  readily  make  such  examinations 
as  will  enable  them  to  determine  whether  there  is  a 
conflict  between  the  claim  applied  for  and  others  in  the 
neighborhood.  The  necessity  for  doing  this  with  ac- 
curacy is  emphasized  by  paragraph  36."^^ 

In  the  second  case  referred  to,  it  is  said: 

"The  law  and  the  regulations  thereunder  in  regard 
to  giving  notice  of  application  for  patent  of  mining 
claims  is  much  more  elaborate  than  in  any  other  class 
of  public  lauds;  and  the  reasons  for  this  can  be 
readily  understood  when  it  is  remembered  that  min- 
ing claims  are  very  often  located  in  regions  remote 
from  settlements,  where  but  few  people  are  to  be  found 
at  any  time,  and,  perhaps,  none  reside  permanently 
imtll  the  claims  are  develoi)ed,  their  value  ostal)lished, 
and  by  reason  thereof  the  locality  becomes  populated 
with  those  seeking  the  riches  of  nature,  or  to  engage 

2S    2:\  I-.   D.,   r)04  (rovlow).     (S.   C,  2.T  T..   D..   fiO). 

L'l»    22  L.    I)..  (i24.     (S.  r,,  24  T,    D.,  101;  2r.  L.  D..  21(1). 

.■^0  Now  piirntrinph  44  <if  (li^'  rovisod  ropulatlons.  npprovod 
DccciiilMT    15.    1,S!t7.    piip"    140. 

in  Now  pnniuTitph  r>1  of  tlic  ivvlaod  ropulntlons,  npprovo(l 
Defj'itiluT    irt.    ]K»7,    piigi'    14:{. 


f 


'  i 


82 


MINERAL  LAND   LAWS 


in  trade  and  traffic,  mechanics  and  miners,  all  brousfht 
togettier  simply  by  reason  of  the  mines.  ***** 
In  such  sparsely  settled  'mining  camps,'  as  well  as  in 
the  older  and  more  densely  populated  districts,  appli- 
cations for  patent  for  mining  claims  are  made,  and  it 
was  the  intention  of  the  law  and  rules  that  by  every 
means  known,  and  by  every  device  that  could  be  sug- 
gested, full  and  adequate  notice  should  be  given  to 
the  world  of  the  application,  and  that  those  seeking 
the  notices,  whether  posted  or  published,  might  from 
the  contents  thereof  locate  the  claim.  Hence  all  these 
details  required  by  the  paragraph  quoted. ^^  The  names 
of  adjoining  or  of  the  nearesit  claims  might  enable  a 
pariy  interested  to  identify  the  claim  applied  for, 
when  by  nothing  else  in  the  notice  he  could  do  so. 
The  notice  should  state  where  the  record  of  the  claim 
can  be  found,  for  the  reason  that  the  location  may  be 
recorded  in  the  records  of  the  mining  district,  if  there 
be  one,  or  in  the  recorder's  office  of  the  county  where 
the  claim  is  situated." 

The  notice  published  must  not  be  so  abbreviated 
as  to  be  misleading.  Neither  should  it  be  so  long  as 
to  be  confusing.  Many  of  the  notices  published  con- 
tain practically  the  whole  description  given  in  the 
official  field  notes.  This  is  unnecessary,  as  the  field 
notes  ordinarily  contain  much  matter  not  essential  to 
a  perfect  notice,  but  which  is  requisite  for  the  pur- 
pose of  preparing  the  patent. 

This  notice  must  be  published  for  a  period  of  sixty 
days.  This  requires  ten  insertions  in  a  weekly  pa- 
per.^3 

In  computing  the  time  of  publication,  the  first  day  Is 
excluded,  and  when  the  sixtieth  day  of  publication  falls 
on  Sunday  or  on  a  legal  holiday,  the  next  day  is  held  to 
be  the  last  day  of  publication. ='^  The  exact  date  when 
the  period  of  publication  expires  Is  of  particular  im- 
portance In  determining  the  status  of  adverse  claims, 
and  Is  considered  at  length  elsewhere.""^ 

32  Pnrnpraph  29.  Now  pnnigniph  44  of  thp  revised  rpRiila- 
tions,   upproved   DcceiulK'r   IH,    1!S!>7,    iuigc    140. 

.'}.'{  Parimrapli  HO  of  the  mining  ri'milations,  »j)pi'ove(l  Decem- 
ber   in,    185)7,    puKe    142. 

34  .Miner  v.  Murrlott,  2  L.  I).,  70i»;  Bonesell  v.  McMiler.  13 
L.  1).,  2m. 

;ifi  Walerhouse  v.  Scot  I,  i;{  L.  I).,  71S;  (Jround  llog  Lode  v. 
Vamle  &  MoininK  Star  I/jdes,   8  L.    D.,  430. 


II 


OF   THE   UNM'ED   STATES. 


S3 


Publication  and  posting  of  notice  of  application  for 
mineral  patent  is  process  which  brings  all  adverse 
claimants  into  court,  and  hence  the  details  relative 
thereto  are  examined  with  great  care  by  the  Land 
Department.  The  nocice  published  should  be  in  the 
regular  edition  of  the  paper,  and  not  in  a  supplement; 
should  be  continuous  and  should  not  be  changed  from 
the  daily  to  the  weekly  edition,  or  vice  versa/" 

The  expense  of  publication  must  be  borne  by  the 
claimant,  who,  with  his  application,  as  stated  by  reg- 
ulation 50  heretofore  mentioned,^*  must  furnish  the 
agreement  of  the  publisher  to  hold  the  applicant  alone 
responsible  for  the  charges  of  publication.'" 

The  Statute^"  ^ives  the  Commissioner  of  the  General 
Land  Office  authority  to  fix  the  charges  for  newspaper 
publication  in  mineral  cases.  Under  this  authority  a 
schedule  of  rates  is  fixed"  and  any  charges  in  ex- 
cess of  these  are  considered  exorbitant,  under  the 
rule.  Further  authority  is  given  by  the  statute  cited 
to  designate  any  newspaper  published  in  a  land  dis- 
trict for  publication  of  mineral  land  notices,  if  ex- 
orbitant charges  are  made  by  the  ones  published 
nearest  the  land. 


I    's 


{'  i\ 


feJ- 


POSTING  IN   LAND   OFFICE. 


At  the  same  time  the  Register  must  post  a  similar 
notice  in  the  local  land  office,  and  the  three  notices— 
the  one  posted  on  the  claim,  the  one  published,  and  the 
one  posted  on  the  bulletin  in  the  local  land  office— must 
cover  the  same  period  of  time,  i.  e.,  the  sixty  days' 
period  of  publication.^-  A  material  defect  in  one  or 
the  other  of  these  notices  will  necessitate  republica- 
tion and  posting.  This  notice  should  in  substance  be 
the  same  as  that  posted  on  the  claim  and  published  in 


I 


I 


37    Charles  W.   Caiincn.  3  (5.    L.    ().,    18. 

.38    Mlnlnjr  Clronlar,    apiimvod   Deconibor  IT).    1S97.    pajjo   142. 

rU)    Parauraph  r)()  of  th(>  minhiK  n'RiilHtions,  tippiovod  noccni- 
1»<M-    ir.,    1KS»7,    p.    14'2. 

40  Si'C.    'S.VM,    V.    S.    Rev.    Stat.,    pnRo   1(U. 

41  I'aiHsiiipli    !»1    (»(■    (lie    lulniiig    n-Kuladons,    approved    Do- 
ocnihor   15,    l.S!»7,    pa^c    KM. 

42  Tildcii  V.   ■     tMvtnor  M.  Co.,   1   L.  D.,  r.72;  (Jn-at  Western 
I/Kle,   5  L.   I).,   .  .0. 


ii 


84 


MINERAL  LAND  LAWS 


the  newspaper,   and  it  is  unnecessary   to  repeat  liere 
tlie  suggestions  made   relative  thereto.** 

When  the  land  claimed  lies  in  two  districts,  notices 
of  application  should  be  posted  in  the  offices  in  both 
districts,  and  the  application  for  patent  should  be  filed 
in  the  district  where  the  principal  workings  are  sit- 
uated.** 

FIVE  HUNDRED  DOLLARS'  EXPENDITURE. 


\n 


Either  at  the  time  of  filing  his  application  for  patent, 
or  at  any  time  within  the  sixty  days'  period  of  pub- 
lication, the  claimant  must  file  the  certificate  of  the 
United  States  Surveyor  General  that  not  less  than 
$500  has  been  expended  in  improvements  upon  the 
claim  by  the  applicant  or  his  grantors.  It  is  the  usual 
method  for  the  United  States  Surveyor  General  to  in- 
corporate this  certificate  in  the  official  field  notes  here- 
tofore mentioned,  and  to  indorse  the  same  upon  the 
plat  of  survey,  the  certificate  being  based  upon  the 
report  as  to  improvements  returned  by  the  Deputy 
Mineral  Surveyor.  Should  it  happen,  however,  that 
at  the  time  when  the  survey  was  made  the  requisite 
expenditure  had  not  been  made,  a  subsequent  re- 
port by  the  Deputy  may  be  made  and  a  certifi- 
cate issued  based  thereon.  The  Land  Department, 
however,  will  not  accept  a  certificate  describing  im- 
provements which  were  made  after  the  expiration  of 
the  sixty  days'  period  of  publication.*^ 

The  object  in  prescribing  this  condition  as  a  pre- 
requisite to  entry  and  issuance  of  a  patent,  was  two- 
fold; first,  to  develop  the  mine  sufficiently  to  deter- 
mine its  value,  and,  second,  as  an  evidence  of  good 
faith  on  the  part  of  the  claimant.  It  was  evidently  in 
the  minds  of  the  legislators  that  a  miner  would 
scarcely  expend  such  an  amount  upon  land  in  mining 
improvements  unless  there  was  some  hope  of  a  return 
in  the  way  of  valuable  mineral. 

Until  recently  it  has  been  the  practice  of  the  Land 
Department   to  accept  a  certificate  showing  that  $500 

43  Sep  antp  piige  77. 

44  Ooni'i'  to  San  FranrlHco,  Cul..  ofllce.  Nov.  12,  1875,  Copn'a 
Mill.    I>Hn(tH,  2<t  I<:<1.,    181. 

•in    Floyd  V.    Moiiltjoim'r.v,    20   L.    D..    J22. 


OP   THE  UNITED  STATES.  85 

had  been  expended  upon  and  for  the  development  and 
benefit  of  a  group  of  contij^uous  mining  locationa  em- 
braced in  oihe  application  for  patent/"  but  by  the  re- 
vised regulations"  it  is  required  that  an  expenditure 
equal  to  $500  for  each  location  be  shown. 

These  improvements  may,  however,  be  placed  any- 
where on  the  consolidated  claim  or  outside  of  its  lim- 
its, provided  they  are  shown  to  have  been  placed  there 
for  the  purpose  of  developing  the  consolidated  claim 
as  a  whole. 

Improvements   of  a   permanent    character   made    as 
annual  expenditure  under  Section  2324,  U.  S.  Rev.  Stat., 
or,  as  it  is   commonly  called   by  miners   "assessment 
work,"  or  "representation  work,"  may  be  counted  as 
part  of  the  expenditure  of  $500.     The  deputy  mineral 
surveyor  cannot  report  any  expenditure  the  evidences 
of  which  are  not  to  be  seen,  and  he  must  have  an  op- 
portunity of  determining  whether  or  not  the  improve- 
ments tend  to  develop  the  claim.    The  rule  cannot  be 
better  stated  than  it  is  in  the  case  of  Jupiter  Mining 
Company    v.    Bodie   Consolidated    Mining    Company.** 
Work  may  be  done  or  improvements  made   upon  one 
or  more  locations  of  a  group  of  claims,  contiguous  or 
held   in   common,   for   the   development  of    the   entire 
group,    and   when   so  done,   or   made  to  the   required 
amount,  may  be  considered  as  a  compliance  with  the 
law  requiring  annual  expenditure,  or  the  expenditure 
of  *'^00.*'*   The  expenditure  made  must  have  some  direct 
relation  to  the  claim,  or  be  in  reasonable  proximity  to 
it,"^"  and  must  tend  "to  facilitate  the  extraction  of  the 
metals  It  may  contain.""     Evidence  of   work   having 
been  done  outside  of  a  claim,   is  received  with  great 
caution,  and  it 'usually  is  required  that  a  showing  be 
made  that  the  work  was  done  for  the  improvement  of 
that  particular  claim,  and  not  for  the  benefit  of  any 
other  clalm.'*^ 

40    Circular  March  24,  1887,  8  L.  D.,  505;  Ferguson  v.  TTan- 
8on,  21   L.  D.,  330. 

47  See  paragraph   3,   page   143. 

48  See  ante,  p.  39;  11  Fed.   Uep.,   666. 

49  St.   Louis  Sm.   Co.  v.  Kemp,   104  U.  S.,  636. 

50  McGarrity  v.  Bylngton,   12  Cal.,  426;  Du  Prat  v.  James, 
65  Cal.,  555. 

51  Gird  V.   Ciilifornia  Oil  Co.,  60  Fed.   Rep.,  531. 

52  Kramer   v.   Settle,  1   Idaho,   485. 


t 


S: 


86 


MINERAL  LAND  LAWS 


The  Land  Department  has  held  in  several  recent 
cases,=^=*  that  an  expenditure  of  $500  must  be  shown  on 
every  location  of  a  group  of  claims  unless  a  showing 
as  last  stated  above,   can  be  made. 

The  rule  as  to  the  requirement  of  five  hundred  dol- 
lars' worth  of  improvements,  as  stated  in  the  revised 
regulations,  appears  to  be  in  conflict  with  the  decisions 
of  the  U.  S.  Supreme  Court  in  the  cases  of  St.  Louis 
Sm.  Co.  V.  Kemp;'^*  Jackson  v.  Roby,"'^  and  Chambers 
v,  Harrington.'"'  In  the  decision  first  cited,  the  follow- 
ing language  is  used: 

"The  last  position  of  the  Court  below,  that  the  owner 
"of  contiguous  locations  who  seeks  a  patent  must 
"present  a  separate  application  for  each,  and  obtain  a 
"separate  survey,  and  prove  that  upon  each  the  re- 
"quired  work  has  been  performed,  is  as  untenable  as 
"the  rulings  already  considered." 

There  is  no  question  but  that  the  ruling  quoted  has 
a  discriminating  effect  in  favor  of  the  corporation  or 
the  wealthy  speculator,  and  against  the  prospector 
and  actual  miner  who  is  ordinarily  unable  to  hold 
more  than  one  claim  at  a  time,  and  secure  title  thereto. 
That  in  support  of  an  application  covering  but  one  lo- 
cation, a  showing  of  $t)00  must  be  made,  while  the  same 
expenditure  is  sufllcient  to  pass  an  application  cover- 
ing thirty  or  more  locations,  seems  to  be  In  violation 
of  the  spirit  if  not  the  letter  of  the  law.  There  is  gen- 
erally no  doubt  as  to  the  relation  of  the  improvements 
to  the  development  of  a  claim  of  one  location  only;  but 
it  is  often  difTicuIt,  unless  taken  on  faith,  to  believe 
that  a  shaft  fifty  feet  deep  on  one  location  tends  to 
the  development  of  a  large  number  of  locations  for 
which  title  is  asked.  The  patenting  of 'several  locations 
as  one  claim  would  appear  more  reasonable  were  they 
on  one  vein,  and  it  is  doubtful  if  Congress  ever  in- 
tended anything  else,  even  if  it  Is  true  that  the  law 
authorizes  more  than  one  location  to  be  embraced  in 
a  claim. 

It  would  seem,  however,  that  the  Land  Department  is 
without  power  to  limit  or  render  nugatory  by  its  regu- 

r>.3  Sweeney  v.  N.  P.  R.  R.  Co.,  20  L.  D..  394;  Ferguson  v. 
Hanson,  21   L  D.,  330. 

54    104   U.   S.,   G3G. 

5R    109   U.   S.,  440.  . 

D«    111  U.  S.,  350.  •         ; 


OP  THE  UNITED   STATES. 


S7 


lations  the  ruling  of  the  Court  of  last  resort  as  to  tlie 
expenditure  required,  and  the  matter  will  no  doubt  be 
fruitful  of  controversy  before  the  Department  until 
flnally  settled  by  legislation. 

The  improvements  of  whatever  nature  claimed,  must 
have  been  made  by  the  applicant  or  his  grantors,^' 
and  the  report  of  the  deputy  mineral  surveyor  must  so 
state.  A  relocator  of  an  abandoned  claim  cannot  take 
credit  for  the  work  done  or  improvements  made  by  the 
locator  of  the  abandoned  claim.  The  improvements 
claimed  must  have  been  made  subsequent  to  the  lo- 
cation under  which  title  is  held,'^'^  although  it  was  held 
in  a  later  case  that  the  fact  that  a  part  of  the  required 
$500  expenditure  was  m.ade  on  the  land  before  its  lo- 
cation as  a  mining  claim,  while  held  under  the  agri- 
cultural land  laws,  does  not  affect  the  validity  of  the 
entry.'^®  It  has  also  been  held  that  prospect  work 
looking  for  lodes  may  be  considered  as  having  been 
done  for  *he  development  of  a  placer  claim  subse- 
queutly  located  on  the  same  ground.^"  How  such  work 
can  be  considered  as  placer  development  work,  is  not 
quite  clear,  unless  it  happened  that  in  search  for  lodes, 
placer  deposits  were  discovered.  It  might  be  argued 
that  if  lodes  had  not  been  sought,  the  placer  would 
have  remained  undeveloped. 

A  successful  adverse  claimant  who  asks  for  a  patent, 
must  furnish  the  certificate  of  the  United  States  Sur- 
veyor General  as  to  five  hundred  dollars'  worth  of  im- 
provements," and  an  applicant  who  as  part  of  his 
claim  enters  ground  conveyed  to  him  by  the  successful 
adverse  claimant  against  him,  as  to  that  tract,  stands 
In  the  place  of  his  grantor,  and  must  show  $500  ex- 
penditure thereon. •''' 

Where  it-  appears  that  the  ground  on  which  are  sit- 
uate the  discovery  and  improvements  of  an  entered 
claim  has  been  excluded  as  part  of  another  claim, 
the  entry  will  be  canceled   unless  the  entryman  fur- 


57  Sec.  2325,    J.  S.   Rev.  Stat.,  p.  136. 

58  Trickey  Placer,  7  L.  D.,  52. 

59  Clark  v.  Taylor,  20  L.   D.,  455. 

00  United   States   v.    Iron   Silver   Mining  Company,    24   Fed. 
Rep.,  568. 

61  Albert  F.    Harsh,   2  L.   D.,   706.  * 

62  .luckHon  Mining  Co.,  3  L.   D.,   149. 


88 


MINERAL  LAND  LAWS 


nislies  proof  of  the  discovery  of  a  lode  on  claimed 
grround,  and  tliat  tlie  requisite  expenditure  has  been 
made  on  the  part  entered."^  It  is  probable,  however, 
that  in  such  a  case  should  the  entryman  establish  by 
strong  evidence  that  the  improvements  made  by  him 
or  his  grantors  on  excluded  ground,  were  made  for  the 
purpose  of  developing,  and  do  develop  the  particular 
lode  claimed,  the  entry  would  be  patented.  The  case 
would  be  strengthened  could  it  be  shown  that  the 
shafts,  tunnels,  or  whatever  workings  they  might  be, 
were  so  placed  because  of  the  belief  that  they  were  on 
ground  rightfully  claimed,  or  that  the  situation  thereof 
was  that  best  suited  for  the  proper  working  or  de- 
velopment of  the  mine,  or  that  to  place  them  else- 
where was  impossible. 

Under  the  heading  "Annual  Expenditure"  may  be 
found  illustrations  of  the  character  of  improvements 
or  expenditure  it  is  contemplated  may  or  may  not  be 
considered  as  made  for  the  development  of  mining 
claims.  While  the  cases  thus  distinguish,  questions 
may  arise  covering  matters  not  yet  made  the  subject 
of  decision,  and  it  is  well  to  remember  that  the  courts 
with  great  unanimity  have  agreed  that  whatever  ex- 
penditure tends  to  facilitate  the  "extraction  of  the 
metals  a  mining  claim  may  contain,""*  has  some  di- 
rect relation  to  the  claim,  or  is  made  in  reasonable 
proximity  thereto,  is  sufficient  under  the  law. 

In  the  case  of  Remington  v.  Baudit,  the  court  said,  in 
speaking  of  a  miner's  cabin  not  on  the  claim:  "If 
such  kind  of  work  or  improvements  off  the  claim  were 
sufficient  for  the  purpose  of  representation  and  patent, 
then  the  building  of  a  house  in  a  town  or  city,  no  mat- 
ter how  far  away  from  the  mine,  if  the  miner  had  his 
meals  and  lodged  there,  might  entitle  him -to  hold  his 
claim,"  etc."^ 

The  requirement  as  to  expenditure  on  placer  claims  is 
the  same  as  in  lode  claims."" 

When  a  mill  site  is  applied  for  in  connection  with  a 
lode  claim,  it  is  not  necessary  to  show  an  expenditure 
of  $500  upon  such  mill  site,   its  use  or  occupancy   for 


63  Gustavus  Haglaud.  1  L.  D.,  f)93;  Spur  Lode,  4  L.  D.,  ICO. 

64  Seo  p.    85. 

65  6   Mont.,    138. 

60  St.   Louis  Sni.  Co.   v.  Kemp,   104  V.   S.,   636. 


OF   THE  UNITED   STATES. 


89 


mining  or  milling  purposes  in  connection  with  the 
lode  claim  being  sufficient  to  entitle  the  claimant  to 
ask  a  patent  therefor.'"  Neither  is  it  necessary  to 
show  a  specific  expenditure  of  $500  on  a  mill  site  taken 
under  the  second  clause  of  Section  2337,  U.  S.  Revised 
Statutes,''*  the  proof  of  the  existence  of  the  mill  or 
reduction  works  thereon  being  sufficient  to  support  the 
entry  without  regard  to  the  value  of  such  work. 

The  papers  heretofore  mentioned  are  filed  with  the 
Register  at  the  same  t  me,  and  cover  what  may  be 
called  the  Application  for  Patent.  If  considered  suffi- 
cient by  the  officials  they  are  given  a  number,  the  date 
of  filing  noted  thereon  and  the  records  so  noted.  This 
action  has  the  effect  of  segregating  the  land  to  the 
extent  of  preventing  other  appropriation  thereof  while 
this  application  is  of  record."**  Should  the  local  land 
officers  deem  the  application  insufficient  they  will 
reject  it,  and  the  claimant  has  the  alternative  of  cor- 
recting the  papers  to  agree  with  the  requirements  of 
the  local  land  officers,  or  of  appealing  from  their  re- 
jection to  the  Commissioner  of  the  General  Land  Office, 
and  if  the  decision  on  the  issue  raised  is  adverse  to  the 
applicant,  a  further  appeal  may  carry  the  matter  to 
the  Secretary  of  the  Interior,  whose  decision,  in  so  far 
as  the  action  of  the  Executive  branch  of  the  govern- 
ment is  concerned,  is  final.  A  further  reference  will 
be  made  to  this  matter  under  the  title  of  Protest  and 
Hearing. 

Should  it  happen  that  a  mineral  application  be  pre- 
sented for  lands  which  the  records  of  the  local  land 
office  show  to  be  otherwise  appropriated,  the  appli- 
cation will  be  rejected.  The  applicant,  however,  may 
show  the  prior  appropriation  to  be  invalid  because  the 
land  is  not  of  the  character  for  which  it  has  been  ap- 
propriated.^** 

If,  as  not  infrequently  happens,  a  claim  which  has 
been  made  the  subject  of  an  application  for  patent  has 
since  been  abandoned  and  relocated,  the  relocator  be- 
fore applying  for  patent  must  secure  the  cancellation 


I'' 

! 


li 


67  Alta  Mill  Site,  8  L.  D.,   195. 

68  See  page  147. 

69  See  Application,  ante,  page  G7. 

70  Hooper   v.   Ftrpuson.    2  L.    D., 
L.    D.,   478. 


712;    Clcghorn   v.    Bird,    4 


f^ 


no 


MINERAL  LAND  LAWS 


or  annulment  of  the  first  application.'^  The  procedure 
in  Kiich  a  case  is  very  simple. 

A  petition  should  be  tiled  in  the  proper  local  land 
office,  under  oath  and  corroborated,  setting  forth  in 
clear  terms  the  filing  of  said  application,  the  fact  that 
for  a  certain  year  or  longer  time  the  required  annual 
labor  was  not  performed  upon  the  claim  applied  for; 
that  by  reason  of  such  fact  the  petitioner  had  relocated 
the  ground;  that  he  is  desirous  of  obtaining  a  patent 
for  his  claim,  and  concluding  with  the  prayer  that  a 
hearing  be  ordered  to  allow  the  petitioner  opportunity 
of  proving  his  allegations. 

The  hearing  will  be  ordered  in  due  course,  and  the  re- 
locator  must  be  careful  that  legal  service  of  the  sum- 
mons is  made  upon  the  applicant.  Should  it  be  decided 
upon  the  testimony  submitted  that  the  allegations  of 
the  relocator  have  been  proven,  the  local  land  officers 
will  transmit  the  record  to  the  General  Land  Office 
with  the' recommendation  that  the  application  be  can- 
celed. Should  all  be  found  regular  by  that  office,  the 
application  will  be  canceled,  thus  clearing  the  record 
for  the  reception  of  the  second  application. 


MILL  SITE  APPLICATION. 

Mill  sites,  under  Section  2337,'-  United  States  Revised 
Statutes,  may  be  applied  for  and  patented  either  in 
connection  with  a  vein  or  lode,  or  separately. 

In  the  first  class  of  cases  the  application  for  patent 
and  the  proof  filed  in  support  thereof  should  in  every 
essential  particular  refer  to  the  mill  site  adjunct,  the 
claim  being  applied  for  as  a  whole." 

It  has  recently  been  decided  by  the  Land  Department 
that  a  mill  site  claimed  under  the  first  clause  of  said 
section  may  be  applied  for  and  patented  alone,  pro- 
vided it  be  shown  that  it  is  owned  and  used  or  occupied 
in  connection  with  a  lode  for  mining  purposes.  The 
view  held  prior  to  this  decision  was  that  a  mill  site 
claimed  in  connection  with  a  vein  or  lode  claim  could 
only  be  patented  under  an  application  including  both."^ 

71  Andrew  ,7.  Gibson  (review),  21  L.  D.,  219;  Moylan  0.  Fox, 
2  L.  D..  70(5. 

72  See  page  147. 

73  See  paragraph  64,  page  148. 

74  Kclipse  Mill  Site,  22  L.  D..  496. 


PI 


OF   THE  UNITED   STATES. 


01 


An  application  for  a  mill  site  may  be  filed  by  a  claim- 
ant not  owning  a  lode  claim  in  connection  therewith, 
under  the  second  clause  of  Section  2337,  United  States 
Revised  Statutes.  This  portion  of  the  statute  con- 
templated the  necessity  of  reduction  works  in  mining 
communities  to  be  erected  and  operated  by  parties  not 
directly  interested  in  mines,  it  being  intended  thereby 
to  enable  such  persons  to  acquire  suiiable  sites. ^•'' 

A  mill  site  claim  must  not  exceed  in  area  five  acres, 
and  must  be  paid  for  at  the  rate  of  five  dollars  per  acre, 
the  same  as  lode  claims.'" 

Inasmuch  as  there  are  no  legal  subdivisions  of  this 
small  area,  there  must  be  an  official  survey  of  the  mill 
site. 

A  copy  of  the  notice  must  be  posted  on  the  mill  site 
as  well  as  on  the  lode  claim,  and  the  notices  posted 
and  published  must  specify  both  lode  and  mill  site  and 
contain  a  description  of  each." 

The  mill  site  must  be  non-contiguous  to  the  lode,  be 
non-mineral,  and  be  used  or  occupied  as  prescribed 
by  the  statute.'^  It  is  the  practice  to  allow  applica- 
tions where  the  mill  site  claim  abuts  on  the  end  of 
the  lode  claim,  provided  it  be  clearly  shown  that  no 
part  of  the  vein  itself  is  within  the  mill  site,  the  pre- 
sumption being,    however,   to   the   contrary.'^'* 

The  proof  as  to  the  non-mineral  character  of  the  mill 
site  may,  when  the  matter  is  unquestioned,  consist  of 
the  affidavit  of  two  witnesses  familiar  with  the  facts. 
(See  Form,  p.  189.)^" 

The  official  field  notes  of  survey  should  contain  a 
statement  as  to  the  improvements  which  indicate  use 
and  occupancy,  and  this  should  be  supplemented  by 
affidavit  of  the  claimant  or  his  agent. 

Use  of  land  as  a  site  for  pumping  works,  for  supply- 
ing water  to  a  mining  claim,  has  been  held  to  be  such 

75  Charles  Lennij?,  5  L.  D.,  190;  Hecla  Cons.  M.  Co.,  14 
L.  D.,  11. 

76  J.  B.  Haggin,  2  L.  D.,  755.  See,  also,  Sec.  2337,  page 
147. 

77  See  paragraph  65,  page  148,  and  Posting,  page  65. 

78  Gold  Springs  &  Denver  City  Mill  Site,  13  L.   D.,   175. 

79  National  Mining  &  Exploring  Co.,  7  C.   L.  O.,  179. 

80  See  paragraph   67.   page   148. 


I 


1 


02 


MINERAL  LAND  LAWS 


a  uso  as  will  allow  entry  of  the  land  as  an  adjunct  to 
a  lode  claim  under  the  statute. **'  Use  of  a  mill  site 
for  storage  of  water  necessary  to  the  operation  of  the 
mine;**-  for  depositing  tailings  or  storing  ore;**^  for 
storing  tools;***  a  dwelling  house  for  miners  working 
on  the  lode  claim  ;**^  a  house  for  an  office  of  the  super- 
intendent of  the  mine,  a  stable,  a  railroad  side  track, 
in  connection  with  the  lode,**"  is  such  use  and  occupancy 
as  to  warrant  the  allowance  of  entry  under  the  law. 
But  the  use  in  the  mine  of  timber  growing  upon  the 
land,"  for  the  benefit  of  another,  and  not  for  mining 
purposes, ®8  has  been  held  not  to  be  such  use  and  oc- 
cupancy as  would  warrant  the  entry  of  land  as  a  mill 
site. 

While  the  locator  of  a  mill  site  may  cut  the  timber 
growing  upon  the  land  for  the  purpose  of  construct- 
ing a  mill,  or  other  accessory  required  in  the  develop- 
ment of  the  mine,*"  he  may  not  sell  said  timber  to  other 
persons,  and  this  timber  cannot  be  sold  by  milling: 
parties  for  personal  use.**" 

AFFIDAVITS. 

Section  2335,  United  States  Revised  Statutes,"^  pre- 
scribes that  all  affidavits  required  to  be  made  under 
the  mining  laws  may  be  sworn  to  before  any  officer 
authorized  to  administer  oaths  within  the  land  dis- 
trict where  the  claim  for  which  patent  is  sought  is 
situated,  and  no  provision  was  made  in  the  Revised 
Statutes  for  verifioation  by  any  one  but  the  claimant 
himself.  These  requirements  were  modified  by  the  acts 
of  January  22,  1880,»2  and  April  26,  1882. «»    The  first  au- 


81  Sierra  Grande  M.  Co.   v.  Crawford.   11  L,   D.,   .'iSS. 

82  Gold  Springs  &  Denver  City  Mill  Site,  13  L.  D.,   175. 

83  Charles   Lennig,   5  L.   D.,  190. 

84  Hartman  v.  Smith,   7  Mont.,    19. 

85  Satisfaction  Extension  Mill  Site,  14  L.  D.,   173. 

86  Eclipse  Mill  Site,   22  L.  D.,  496. 

87  Two  Sisters  Lode  &  Mill  Site,  7  L.   D.,  557. 

88  Syndicate   Mill    Site,    11    L.    D.,    561. 

89  A.  B.  Page,  1  L.   D.,  614. 

90  Arthur  Grabowskl,    14  C.    L.   O.,   252. 

91  See  page  155. 

92  See  page   137. 

93  See  page  153. 


OF  TIIK  UN'ITKD   STATES. 


98 


thorizes  a  non-resident  applicant  for  patent,  or  an  ap- 
plicant temporarily  absent  from  the  land  district,  to 
take  the  steps  necessary  to  secure  patent  through  an 
agent    or  attorney  in   fact   duly   appointed. 

A  co-owner  may  make  application  for  himself  arid  his 
co-owners,  and  a  corporation  may  apply  through  its 
agent.  The  latter  act  permits  the  adverse  claimant, 
as  has  been  noted,  to  authorize  an  agent  or  attorney  in 
fact  to  verify  his  adverse  claim,  or  he  may,  if  residing 
or  at  the  time  beyond  the  land  district,  make  the  oath 
to  his  adverse  claim  before  the  clerk  of  any  court  of 
record  of  the  Unite''  States  or  of  the  State  or  Territory 
where  he  may  be,  Oi  before  any  notary  public  of  such 
State  or  Territory.  This  act  also  authorizes  any  min- 
ing appli'  int,  if  residing  beyond  the  land  district,  to 
make  his  affidavit  of  citizenship  before  the  clerk  of 
any  court  of  record,  or  before  any  notary  public  of 
such  State  oi'  Territory.  With  the  exception  of  the 
affidavits  mentioned  by  the  act  of  April  26,  1882,  all 
proofs  in  mining  cases  which  require  verification  must 
be  executed  within  the  land  district  where  the  premises 
involved  in  the  proceedings  are  situated. 


il 


!■>■ 


PROTEST  AND  HEARING. 


The  preceding  paragraphs  contemplate  that  all  the 
proceedings  in  the  various  steps  to  acquire  title  have 
been  regular  and  in  compliance  with  law.  This  may 
not,  however,  be  the  case,  and  opportunity  is  given  by 
the  law  and  the  regulations,  to  those  asserting  the 
contrary,  to  present  the  matter  in  proper  form  for  de- 
termination by  the  Land  Department.  The  concluding 
clause  of  Section  2325,  United  States  Revised  Statutes, 
states,  "and  thereafter  no  objection  from  third  parties 
to  the  issuance  of  patent  shall  be  heard,  except  it  be 
shown  that  the  applicant  has  failed  to  comply  with 
the  terms  of  this  chapter." 

A  party  claiming  an  interest  adverse  to  the  applicant 
must  protect  his  claim  in  accordance  with  the  method 
prescribed  by  Section  2326,  United  States  Revised  Stat- 
utes. In  the  event  of  his  failure  to  do  so  he  cannot  set 
up  his  claim  in  the  form  of  a  protest,  and  have  the 
same  adjudicated  by  the  Land  Department.''*     A  pro- 

94    See  page  144. 


94 


MINERAL   LAND   LAWS 


test,  to  receive  consideration,  must  allege  a  failure  to 
comply  with  law  in  some  material  particular  by  the  ap- 
plicant for  patent,  which  failure,  if  proven,  would  be 
sufficient  to  necessitate  the  cancellation  of  the  applica- 
tion or  entry.  It  must  be  under  oath,  and  when  di- 
rected against  a  claim  on  which  final  entry  has  been 
made  must  be  corroborated  by  the  affidavit  of  two  wit- 
nesses. 

The  allegation  by  a  protestant  that  the  location  of  a 
mining  claim  applied  for  was  invalid  because  of  conflict 
with  a  prior  location  of  the  protestant  is  simply  the 
allegation  of  an  adverse  claimant,  which  may  be  tried 
only  in  the  manner  prescribed  by  Section  2326,  United 
States  Revised  Statutes,  in  a  court  of  competent  juris- 
diction, and  such  an  allegation  by  a  protestant  will 
be  given  no  weight  before  the  Land  Department."^ 

Protests  may  be  filed  at  any  time  prior  to  the  is- 
suance of  patent,  and  should  be  filed  in  the  local  land 
office  as  a  rule.  If  directed  against  an  application  for 
patent,  the  local  land  officers  have  jurisdiction  to  pass 
upon  the  same;  if  against  an  entry,  the  protest  will 
be  forwarded  by  the  local  land  officers  to  the  Com- 
missioper  of  the  General  Land  Office,  who  will  take 
appropriate  action  thereon. 

If  a  protest  is  deemed  sufficient  and  raises  an  issue,  a 
"hearing"  will  be  ordered  at  which  both  parties  may 
submit  testimony;  if  considered  as  not  possessing  suffi- 
cient merit  to  justify  further  investigation  it  will  be 
dismissed. 

A  protest  alleging  non-compliance  with  law  on  the 
part  of  an  applicant  for  a  mineral  patent,  must  be  suf- 
ficient to  overcome  record  evidence  of  compliance  with 
the  law  in  order  to  warrant  the  ordering  of  a  hearing."" 
In  the  face  of  a  mere  protest  the  law  will  be  construed 
more  liberally  in  favor  of  a  claimant  than  in  face 
of  a  contestant  asserting  an  adverse  right. "^  A  protest 
which  sets  up  invalidity  of  the  location  of  the  claim 
entered   will   not    be   sufficient   to   warrant   a  hearing 


«)f.  Wnrron  Mill  Sito  v.  Copper  Prince  liOdc.  1  L.  D..  Srin; 
Botllo  Tiinih''.  \-  Miiiiii).'  Co.  v.  l{<-('litel  <'ons.  M.  Co..  1  li.  D., 
r.S4;  Wliltiunn  v.  lljilteiihofl',  H>  L.  I).,  LMF»;  (.iovt!;  v.  Kismet 
(}.    M.   Co..   L'2   L.    I)..    r.LM. 

J»(!    Wliiliiiiiii   V.    UiilttMiliotr.   1!»  L.    1).,   'Jir.. 

'.»7    -H-'O   Minify  Co.    v.   r.iiUioii   M,   Co.,   2  C.    L,    <).,   5 


OF   THK   UNITED   STATES. 


95 


where  the  validity  of  said  location  has  been  established 
in  court.     An   allegation   of  fraud   must   be  specific. "*• 

A  Protestant  against  an  entry  who  alleges  fraud 
on  the  part  of  the  entryman  should  be  specific  as  to 
the  facts  alleged  to  constitute  the   fraud."" 

Either  party  has  the  right  of  app- a1  to  the  Com- 
missioner of  the  General  Land  Ofi'je  from  the  ad- 
verse action  of  the  Register  and    '.Receiver. 

The  protestant  has  no  right  of  appeal  from  the 
decision  of  the  Commissioner  to  the  Secretary  of  the 
Interior  unless  he  alleges  an  interest  in  the  land  in 
controversy  and  that  his  rights  were  injuriously  af- 
fected by  the  failure  of  the  applicant  to  comply  with 
the  conditions  prescribed  by  the  law,  the  theory  being 
that  the  protestant  who  alleges  no  interest  is  a  mere 
amicus  curiae,  and  that  as  such  an  appeal  by  him 
would  be  equivalent  to  an  appeal  by  the  government 
from  its  own  action.* 

The  proceeding.-^  before  the  Land  Department  in 
such  cases  are  governed  by  printed  regulations  en- 
titled   "The   Rulfs  of  Practice,'* 

The  character  of  the  land  may  be  brought  in  issue 
by  a  protest  fileci  against  any  application  for  patent 
pending  under  either  the  mineral  or  agricultural  land 
laws.  The  "Rulesi  of  Practice"  are  modified  for  such 
cases  by  paragrai)hs  103  to  110  mclusive  of  the  Mining 
Regulations.*^ 

As  a  general  rule,  an  order  of  the  Commissioner 
of  the  General  Land  Office  directing  a  hearing,  is 
discretionary  action,  and  an  appeal  will  not  lie  there- 
from,^ but  the  refusal  to  order  a  hearing  when  it 
amounts  to  the  denial  of  a  right  claimed,  is  an  order 
from  which  an  appeal  will  lie.'' 


08    T.    M.    Empty.    10  C.    L.    O..    102. 

m  Com'r  to  Glenwood  Springs  Office,  June  10,  1893,  In  re  Lux 
riacer. 

1  Parsons  v.  Ellis.  2:{  L.  D.,  69;  Smuggler  M.  Co.  v.  True- 
worth.v   Ix)de,   IS)   L.   D.,   Hm. 

2  See  pages   167  (»t  se(]. 

.'{    Halley   v.    <Hson.    2   L.   I).,   40;    Florida   Railway   &   Naviga- 
tion   Co.    V.    Miller,    .'',    1..    1)..    IVJA;    II('itl<nnip    v.    Ilalvorson.    .'< 
I-.    I).,   Mi);  .lanus   II.   Murray.  0   I..   J),.    12-1;   Smalltv   v.    I'aw 
blltH,   8    li.    n..    'M2;    He.'Vt's    v.    Emlden,   8   L.    1)..   444;    Sanuul 
J.    Pogart.   9   L.    D..    217. 

4  JacliHoii  V.  MeKeevi-r,  .'{  L.  D.,  r>16;  Turni'r  v.  I{()l)in«(»n, 
3  L.  I).,  502;  ITcniy  C.  I'lifnam.  5  L.  I)..  22;  .lames  H.  Miir- 
ruy,  6  L.  D.,  124;  f'lltalo  v,  Kline,  9  L.  D.,  377;  Anderson  v. 


96 


MINERAL   LAND  LAWS 


Frequent  complaint  is  made  tliat  valuable  mineral 
lands  are  being  fraudulently  taken  under  the  agri- 
cultural land  laws,  by  individuals,  or  by  corporations 
and  by  States  under  the  •land  grant  acts,  or  that  agri- 
cultural lands  are  being  wrongfully  appropriated  un- 
der the  mineral  land  lawr.  The  Land  Department  has 
prescribed  regulations  which,  if  invoked  by  individuals 
desirous  of  protecting  the  public  domain  from  spolia- 
tion, are  sufficient  to  defeat  any  improper  or  unlawful 
claim. 

Citizens  should  be  mindful  of  the  fact  that  the  gov- 
ernment is  powerless  to  make  a  specific  investigation 
as  to  the  character  of  each  tract  of  public  land.  The 
public  domain  is  so  vast  that  reliance  must,  in  the 
great  majority  of  cases,  be  placed  upon  the  proofs  sub- 
mitted in  support  of  each  specific  claim.  If  the  proofs 
are  regular,  and  no  showing  to  the  contrary  is  made, 
patent  will  issue  based  upon  the  record  made.  No 
application  can  go  to  patent  without,  under  the  stat- 
utes, great  publicity  being  given  to  the  proceedings. 

The  residents  of  a  community  should  see  that  no 
patent  is  granted  for  lands  therein  which  a/e  not 
clearly  of  the  character  contemplated  by  the  h.w  under 
which  the  appropriation  thereof  is  made.  Concerted 
action  in  this  direction  would  do  much  to  preserve  the 
valuable  mineral  lands  of  the  United  States  for  the 
miner,  and  would  encourage  the  settlement  and  de- 
velopment as  homes  of  such  lands  as  are  clearly  agri- 
cultural. 

FINAL  PROOFS. 

Upon  the  expiration  of  the  period  of  publication  the 
claimant  may  file  (1)  proof  of  continuous  posting,  (2) 
proof  of  publication,  (3)  proof  of  sums  paid,  and  (4) 
application  to  purchase;  and  if  all  the  evidence  sub- 
mitted appears  to  be  regular,  and  no  adverse  claim  or 
protest  has  been  filed,  final  entry  will  be  allowed  upon 
the  payment  to  the  Receiver  for  the  land  at  the  rate 
of  $5  per  acre  and  fraction  of  an  acre. 


Atnndor    &    Rnrrnnionto   Oaniil    Co.,    10    L.    D.,  r>72;    Frary    v. 

Fnirv,    !.'{    L.    !>.,   47H;   CmiKTon    v.    ISrcDongnl,  IT)   L.    D,.   243; 

Siinitt    V.    K.lwimiH,    15    L.    1).,    UIK);    Uraj    v.  Wliltchoiise,    15 

1-.  D..  :{r>2. 


OV   THE   UNITED    STATES. 


07 


PROOF    OF    CONTINUOUS    POSTING. 

Proof  of  continuous  posting  on  the  claim  consists  of 
an  affidavit  by  the  applicant,  or  his  duly  authorized 
agent,  to  the  effect  that  the  plat  and  notice  posted  on 
the    claim    remained    continuously    and    conspicuously 

posted  thereon  from  the  day  of ,  189—,  until 

and  including  the day  of — ■ ,  189—,  and  covering 

the  sixty  days  period  during  which  notice  was  pub- 
lished in  the  newspaper. 

Particular  care  should  be  taken  that  the  proper  dates 
of  posting  are  given  in  this  affidavit.  It  will  not  do 
for  the  affidavit  to  state  generally  "that  said  plat  and 
notice  remained  posted  continuously  during  the  sixty 
days'  period  of  publication."  The  Land  Department 
insists  that  the  specific  dates  be  given  in  all  these  affi- 
davits. It  is  noticed  that  in  a  large  niamber  of  cases 
submitted  there  is  great  carelessness  in  this  particular, 
and  in  consequence  the  claimants  are  subjected  to  de- 
lay which  might  well  be  avoided."* 

To  bar  the  rights  of  adverse  claimants,  notice  of  the 
application  for  patent  must  be  given  for  sixty  days 
concurrently  by  posting  of  plat  and  notice  upon  the 
claim,  by  posting  of  notice  in  the  local  land  office  and 
by  publication."  While  the  publication,  if  in  a  weekly 
newspaper,  must  cover  a  period  of  sixty-three  days, 
it  does  not  follow  that  the  notice  and  plat  must  re- 
main pasted  for  that  entire  time,  sixty  days  of  con- 
current notice  being  all  that  is  required."  This  affidavit 
need  not  be  based  upon  continuous  personal  observa- 
tion of  the  posting,  but  may  properly  be  made  by  a 
claimant  whose  knowledge  of  the  fact  sworn  to  is  de- 
rived from  personal  observation  at  various  times  of 
the  plat  and  notice  posted,  and  from  such  informa- 
tion relative  thereto  as  would  be  accepted  by  a  reason- 
ably cautious  mai  Where  an  entry  is  defective  in 
that  proper  posting  of  plat  and  notice  upon  the  claim 
Is  not  shown,  the  claimant  may  be  allowed  to  give 
new  notice  by  publication,  and  posting  upon  the  claim 
and  in  the  local  land  office  as  required  in  the  first  in- 

H    Soo   Form.   p.    ISO, 

0    Tiltlon  V.    Iiitcrvciior  M.  Co.,   1   L.   I).,   r»72. 

7  Great  Westorn   I^do,   5  L.  D..   r>10. 

8  Bripht  V.   Elkliorn    M.    Co.,  0   L,    D.,    503;   Tungeriuan   v. 
Aurora  Hill  M.  Co.,   Id.,  538. 


. 


08 


MINKRAL  LAND  LAWS 


« 


stance,  with  the  same  rights  to  adverse  claimants." 
Where  it  was  shown  at  a  hearing  after  the  allowance 
of  an  entry,  that  the  plat  anc"  notice  had  not  been 
posted  conspicuously  upon  thj  claim,  but  had  been 
hidden  instead,  the  entry  wat,  ordered  canceled  with- 
out prejudice  to  claimant's  right  to  file  a  new  applica- 
tion and  take  anew  the  steps  necessary  to  acquire 
title.i**  In  another  case  presenting  similar  facts,  except 
that  entry  had  not  been  made,  the  applicant  was  re- 
quired to  give  new  notice."  A  shaft-house  is  a  con- 
spicuous place  upon  which  to  post  the  notice  and  plat, 
especially  Where  there  are  no  other  surface  improve- 
ments.'-*  And  po.'^ting  made  inside  an  open  shaft-house 
has  been  held  satisfactory."  The  posting  may  be  made 
upon  a  portion  of  the  claim  excluded  from  the  appli- 
cation for  patent  if  in  a  conspicuous  place;**  and  an 
entry  was  referred  to  the  Board  of  Equitable  Adjudi- 
cation where  the  plat  and  notice  were  not  posted  upon 
the  claim  applied  for,  owing  to  inaccessibility  and  dan- 
ger from  snowslides,  but  were  posted  in  a  conspicuous 
place  on  adjoining  land.*''  For  the  purpose  of  posting 
of  notice  of  application  a  consolidation  of  a  group  of 
several  contiguous  locations,  held  in  common  and 
covered  by  one  survey  and  application,  is  regarded 
as  one  claim,  and  only  one  notice  and  plat  need  be 
posted  on  the  group.*"  When,  however,  a  lode  claim 
and  a  mill  site  are  embraced  in  one  application,  a  plat 
and  notice  should  be  posted  upon  each."  In  one  case 
this  requirement  was  waived  in  view  of  the  large 
amount  expended  in  improvements  upon  the  mill  site, 
and  the  entry  was  patented,  although  the  plat  and  no- 
tice were  posted  only  upon  the  lode  claim.*"  The  rule 
in  that  case  was  subsequently  modified,  however,  and 


9  Cornell  Lode,  d  L.   D.,  717. 

10  Pratt    V.    Av«>ry,   7  L.   P.,    554. 

11  Ferjfiison  v.  Hanson,  21  L.   D.,  33fi. 

12  Gowfly  V.   Kismet  M.  Co.,   22  L.    D.,   624. 

13  Lbniavllle  Lode,  1   L.    D.,  548. 

14  IIiiKlies  V.    Gilbert.   2  L.    D..   750. 

15  Rowena   Lorto,  7  L,   D.,  477. 

10  S.   V    Mnckie.  5  Ti.   D..    101);  Coni'r  to  Pueblo  land  offlce, 
January  12,   18U7,    in  re  Knplneer  Loile. 

17  Silver  Star  Mill   Site,   25  L.    I).,  105. 

18  Ra'ley  &  Grand  View  M.  &  gni.  Co.,  3  L.  D.,  386. 


OF   THE   UNITED   STATES. 


90 


an  entry  was  referred  to  the  Board  of  Equitable  Ad- 
judication under  similar  circumstances. ^^ 

As  the  object  of  requiring  notice  of  application  to  be 
eiven  by  posting  and  publication  is  to  put  those  having 
adverse  interests  upon  their  guard,  it  was  held  that 
where  the  testimony  in  a  contest  case  was  conflicting 
as  to  whether  or  not  the  notice  was  conspicuously 
posted  on  the  claim,  the  contest  must  be  dismissed 
because  the  contestant  was  shown  to  have  had  actual 
notice  of  the  pendency  of  the  claimant's  application. 2" 

During  the  sixty  days'  period  of  publication,  the 
notice  of  application  must  remain  posted  in  the  local 
land  office  of  the  district  in  which  the  claim  is  situ- 
ated, and  if  during  such  period  the  boundaries  of  the 
land  district  are  changed,  the  notice  must  be  changed 
to  the  proper  land  office,  if  necessary  to  a  compli- 
ance with  this  rule;  otherwise  new  notice  by  pulrlica- 
tion  and  posting  will  be  required.-^  Where,  through 
the  failure  of  the  register  to  make  and  file  with  the 
record  his  certificate  of  posting,  it  has  become  im- 
possible to  show  positively  that  the  notice  remained 
posted  in  the  land  office  for  the  required  period,  the 
affidavits  of  those  who  were  local  land  officers  at 
the  time  such  posting  is  supposed  to  have  continued, 
to  the  effect  that  it  was  their  custom  to  post  such 
notices  on  ordering  publication,  may  be  accepted  as 
satisfactory.-^  The  proper  evidence  of  posting  in  the 
land  office  is  the  certificate  of  the  register,  but  if  such 
certificate  cannot  be  ototained,  the  claimant  may  be 
allotved  to  submit  evidence  upon  the  point.-*  Where 
the  claim  to  which  patent  is  sought  lies  in  two  land 
districts,  the  application  for  patent  should  be  filed 
in  that  district  in  which  are  the  principal  workings, 
and  the  notice  should  be  posted  in  the  land  office  of 
each  district." 

PROOF    OF    SUMS    PAID. 
The  claimant  at  the  time  of  making  final  proof  and 


19  New  York  I.ode  &  Mill  Site,  n  L.  D.,  51.3. 

20  Byrne  v.  Slniison,  20  L,  D..  4.3. 

21  F.    A.    Wnilanis.    17  L.   D.,  282. 

22  S.    II.    Standnrt.   25  L.    D.,    202. 

23  Mlnibros  M.   Co.,   8  L.  D.,  457. 

24  Coui'r  to  Suu  FranciBCO  ullice,  Nov.  12,  1875. 


■■F 


100 


MINERAL   LAND   LAWS 


payment  should  also  submit  an  affidavit  showing  the 
moneys  paid  out  in  the  prosecution  of  his  claim.  The 
statute  requires  this  affidavit  in  order  that  the  Land 
Department  may  see  that  no  exorbitant  charges  have 
been  made  by  parties  within  its  jurisdiction.  The 
statement  should  show  the  amount  deposited  for  office 
work  in  the  Surveyor  General's  office;  the  amount 
paid  the  Deputy  Mineral  Surveyor  for  field  work;  the 
fee  for  filing  application  for  patent;  the  amount  paid 
for  publication,  and  the  amount  paid  the  Receiver  for 
the  land.  The  Land  Department,  by  Section  2334, 
United  States  Revised  Statutes,-''  has  authority  to 
regulate  these  charges  with  the  exception  of  the  third 
and  fifth,  and  will  inquire  into  cases  where  the 
charges  appear  to  be  excessive  in  these  particulars. 

PROOF  OF   POSTING  IN   OFFICE. 

At  this  time  the  Register  should  also  prepare  and  file 
with  the  papers  his  certificate  of  posting  notice  in  the 
local  land  office  for  sixty  days,  which  period  must  be 
concurrent  with  the  period  of  publication.-" 

PROOF   OF    PUBLICATION. 

This  evidence  should  consist  of  the  affidavit  of  the 
publisher  to  the  effect  that  a  notice  (a  copy  of  which 
is  attached  to  said  affidavit)  was  published  in  his  pa- 
per from  the day  of ,  189—,  to  and  including  the 

day  of  ,  189—.-^ 


PURCHASE  AND  ENTRY. 

The  claimant  should  also  file  an  application  to  pur- 
chase,-*' and  should  therein  specifically  describe  the 
land  it  is  desired  to  enter.  This  may  be  shown  in  the 
most  satisfactory  way  by  making  specific  exclusions 
from  the  official  survey  taken  as  the  basis  of  applica- 
tion for  patent,  of  all  portions  of  the  claim  excepted 
from  entry.  On  this  application  to  purchase  the  Regis- 
ter will  make  the  proper  indorsement,  and  it  is  then 

25  Sof  pugo   104. 

20  Fonu  of  0(M-ti«rat(',   p.    192. 

27  Form    9f    atlidavit.    [>.    184. 

28  Form  of  applicutiou  to  purchase,   p.    193. 


I 


OF   THE   rNITKD   STATES. 


101 


presented  to  the  Receiver  and  a  tender  of  the  purchase- 
money  made.  The  Receiver  will  then  issue  his  receipt.-" 
and  upon  the  presentation  thereof  to  the  Register  final 
certificate  of  entry  will  issue."'  and  tlie  transaction  is 
complete.  The  Receiver's  receipt  is  issued  in  duplicate, 
the  duplicate  being  given  to  the  entryman  for  his  pro- 
tection and  as  an  evidence  of  title,  and  must  be  sur- 
rendered in  order  to  secure  the  patent  when  issued.  If 
said  duplicate  receipt  has  been  lost,  however,  an  affi- 
davit of  such  loss  is  accepted  by  the  Land  Department 
in   lieu  of  the  surrender  thereof.^^ 

After  the  legal  issuance  of  the  Register's  certificate, 
which  evidences  the  completion  of  the  entry,  the  equit- 
able title  to  the  land  entered  is  in  the  entryman,  the 
United  States  Government  thereafter  holding  only  the 
naked  legal  title  in  trust  for  him  until  the  issuance  of 
the  patent. =^2  This  title  acquired  by  the  entryman  is  of 
sufficient  dignity  to  ."onfer  a  prima  facie  vested  rifiht 
to  a  patent,  subject  only  to  an  examination  of  the 
record  by  the  Commissioner  of  the  General  Land  Office 
and  Secretary  of  the  Interior.'*''  The  Commissioner  has 
authority,  however,  to  cancel  and  annul  an  entry  ille- 
gally allowed.  As  was  said  by  the  United  States  Su- 
preme Court,  "The  exercise  of  this  power  is  necessary 
"to  the  due  administration  of  the  Land  Department. 
"If  an  investigation  of  the  validity  of  such  entries 
"were  required  in  the  courts  of  law  before  they  could 
"be  canceled  the  n-^cessary  delays  attending  the  ex- 
"amination  would  greatly  impair,  if  not  destroy,  the 
"efficiency  of  the  Department."""    A  contrary  rule  has 


;'l 


29  Form   of  receipt,    p.    195. 

30  Form  of  certificate  of  eptry,    p.  195. 

31  Form   attidavit   loss  of  receipt,   p.   206. 

32  Carroll  v.  Safford.  3  How..  441;  Witherapoon  v.  Duncan, 
4  Wall.,  210;  Hnglies  v.  United  States.  4  Wall..  232;  Wirtli  v. 
Branson,  98  U.  S.,  118;  Deffehack  v.  Hawkc.  115  V.  S..  392; 
Cornelius  v.  Kesaell.  128  U.  S..  45(5;  Dalil  v.  Itannlieim.  132 
r.  S.,  2«0;  Benson  M.  Co.  v.  Alta  M.  Co..  145  V.  S..  428;  Bine- 
low  V.  Chatterton  10  IT.  S.  App..  2n7;  T'nion  M.  Co.  v.  Dan- 
berp,  2  Savvv..  450;  People  v.  Sliearer,  30  Cal.,  G48;  Deno  v. 
Grlffln.    20    Nev.,    249. 

33  Aurora  Hill  Co.  v.  85  Co..  12  Sawy..  355;  Hamilton  v. 
Routliern  Nevada  Co.,  13  id..  113;  Benson  M.  Co.  v.  Alta  M. 
Co..  145  U.  S..  428;  Last  (^liance  M.  Co.  v.  Tyler  M.  Co.,  «1 
Fed.   Rep..   557;    15   U.    S.    App..   450. 

34  Cornelius    v.    Kessell,    128    U.    S.,    4ro.    See.    also:      Bar- 


102 


MINERAL  LAND  LAWS 


been  laid  down  by  some  of  the  lower  courts,  even  in 
some  comparatively  recent  decisions,  but  even  aside 
from  the  reason  of  the  matter  which  is  clearly  with  the 
rule  enunciated  by  the  Supreme  Court,  these  decisions 
of  the  inferior  courts  are  clearly  contrary  to  the  law 
because  opposed  to  the  decisions  of  the  highest  court 
of  the  land.»= 

Of  course,  to  be  of  legal  effect,  the  cancellation  of  an 
entry  must  be  regular  and  after  due  notice  to  the 
entryman.  An  order  of  cancellation  without  allowing 
the  claimant  opportunity  of  showing  cause  why  his 
entry  should  not  be  canceled  is  void.^"  If,  however, 
the  Commissioner  cancels  an  entry,  even  though  on 
insufficient  grounds,  on  the  claimant's  failure  to  appeal 
to  the  Secretary  from  the  order  holding  the  entry  for 
cancellation,  the  rights  of  the  entryman  are  lost,  as 
he  did  not  take  proper  steps  to  protect  them.''^ 

The  title  of  an  entryman  prior  tO  the  issuance  of  pat- 
ent being  purely  an  equitable  one,  a  purchaser  of  such 
title  takes  with  notice  of  all  defects  which  may  be 
found  by  the  Land  Department  and  cannot  plead  that 
he  is  an  innocent  purchaser  as  a  reason  against  the 
cancellation  of  an   illegal  entry.''^ 

The  legal  effect  of  a  certificate  of  entry  may  not  be 
collaterally  assailed  any  more  than  can  a  patent,  it 
being,  as  a  general  rule,  conclusive  of  title.^"  In  some 
States  the  receiver's  receipt  given  the  claimant  at  date 
of  entry  is  made  conclusive  in  actions  at  law,  of  the 
legal  title,  but  this  rule  is  not  followed  in  the  Federal 


nard  v.  Ashley.  18  How.,  43;  Bell  v.  Hparne,  19  How..  252; 
Harkness  v.  Underhill.  1  Black.  316;  Marquez  v.  Friable,  101 
IT.  S..  473;  U.  S.  v.  Sohurz,  102  U.  S..  378;  Steel  v.  St.  Ix)ula 
Sm.  Co.,  106  U.  S.,  447,  and  cases  cited  on  p.  241,  Mineral 
Law  Digest. 

35  Smith  v.  Ewlng.  23  Fed.  Rep.,  741;  Wilson  v.  Fine.  40 
Id.,  52;  Stimson  v.  Clark,  45  id.,  760;  American  Montana  Co. 
V.    Hopper,  48  Id.,   47. 

36  RIsdon  v.  Davenport,  4  S.  Dak.,  555;  Young  v.  Hansen, 
64  N.  W.  Rep.,  654:  Senator  Mill  Site,  7  L.  D.,  475;  Neal  v. 
McMnllen.  e  Id.,  522;  Vanderbilt  Lode.  16  id.,  105;  McGowan 
V.  Alps  Cons.  M.  Co..  23  id.,  113. 

37  Roberts  v.  Gebhart.   104  Cal.,   67. 

38  Swelgart  v.  Walker,  30  Pac.  Rep.,  162;  R.  M.  Chrlsinger, 
4  L.  D.,  347;  W.  R.  Mclntyre,  6  Id.,  503;  C  A.  KIblIng,  7  Id., 
327;  Murphy  v,  Sanford,  11  Id.,  123;  U.  S.  v.  Miller,  14  Id., 
617. 

39  Hamilton  v.  Southern  Nevada  M.  Co.,  33  Fed.  Rep.,  562. 


!■  1 

i: 


OV   THE  UNITED   STATES. 


io:l 


1 


courts,  as  it  proves  only  the  right  to  a  pattiit,  the  is- 
suance of  which  is  necessary  to  the  vestin,^  of  the 
legal   title  in   the   claimant.^" 

PATENT. 

In  the  ordinary  course  of  business  after  the  allow- 
ance of  entry  by  the  local  land  office,  the  papers  are 
transmitted  to  the  General  Land  Office.  Here  they  are 
examined  critically,  and  if  no  irregularities  are  dis- 
covered in  the  proofs  made,  the  "entry,"  as  it  is  then 
called,  is  approved,  and  the  fee-simple  deed  of  the  gov- 
ernment, called  a  "Patent,"  is  prepared  and  delivered.*' 

A  patent  is,  in  its  legal  effect,  a  quit-claim  deed  from 
the  United  States  Government  to  the  patentee,  and 
passes  whatever  title  the  Government  has  to  the  land 
described." 

A  patent  must  be  signed  in  the  name  of  the  Presi- 
dent, either  by  himself  or  by  his  duly  appointed  Sec- 
retary, must  be  sealed  with  the  seal  of  the  General 
Land  Office,  must  be  countersigned  by  the  Recorder 
of  the  Land  Office  and  must  be  recorded  in  the  records 
of  the  General  Land  Office.  Until  all  these  things  have 
been  done,  no  patent  has  been  issued. ^^  After  the  per- 
formance of  these  acts,  the  patentee  has  a  right  to 
its  possession,  which  right  may  be  enforced  by  a  writ 
of  mandamus  directed  against  the  officer  having  pos- 
session."" The  matter  of  gaining  actual  possession  of 
the  patent  is  of  no  importance,  however,  as  the  mo- 
ment the  completed  patent  has  been  placed  of  record 
in  the  General  Land  Office,  the  legal  title  passes  to  the 
patentee.*^  The  title  being  one  of  record  does  not  re- 
quire delivery  of  the  patent,  wherein  the  title  by  patent 
differs  from  one  by  deed. 

A  patent  relates  back  to  the  inception  of  the  claim 
upon  which  it  is  based.  A  long  line  of  decisions  lay 
down  the  rule  that  the  patent  relates  back  to  the  date 


40  Langdon  v.  Sberwood,    124  U.   S.,  74. 

41  For  forms  of  patents  see  pp.  196  et  seq. 

42  Knight    V.   U.   S.   Land   Ass'n,   142  U.   S..   161. 

43  McGarrihan  v.   New  Idria   M,   Co.,  96  U.   S.,  316. 

44  U.S.   V.  Schurz,  102  U.  S.,   378. 

45  Meader  v.    Norton,   11   Wall.,   442;    Bicknell  v.   Comstock, 
113  U.  S.,  149;  U.  S.  V.  Minor.   114  id.,  233. 


104 


MINERAL  LAND   LAWS 


of  entry/"  and  in  other  cases  it  has  been  held  that  the 
patent  relates  to  the  date  of  location  of  the  mining 
claim  conveyed  by  the  patent.^^  It  is  not  thought  that 
there  is  any  real  conflict  between  these  two  lines  of  de- 
cisions, but  it  would  seem  that  the  rule  last  mentioned 
is  not  applicable  to  all  cases  and  for  all  purposes.  For 
example,  Section  2324,  United  States  Revised  Statutes, 
requires  that  assessment  work  be  done  every  year  upon 
a  mining  claim  "until  a  patent  has  been  issued  tl  ere- 
for."  Yet  it  is  held  that  this  annual  expenditure  need 
not  be  made  after  the  claim  has  been  paid  for  and 
entry  allowed,*'^  because  after  that  date  the  entryman 
has  a  right  to  the  patent  which,  when  issued,  relates  to 
that  date.  It  could  not  be  held,  however,  that  the  per- 
formance of  this  annual  labor  could  be  excused  be- 
cause a  location  had  been  made  of  the  claim. 

Patents,  in  actions  at  law,  are  conclusive  "of  all 
matters  of  fact  necessary  to  their  issue,  where  the  De- 
partment had  jurisdiction  to  act  upon  such  matters 
and  to  determine  them;  but  if  the  lands  patented  were 
not  at  the  time  public  property,  having  been  previously 
disposed  of,  or  no  provision  had  been  made  for  their 
sale,  or  other  disposition,  or  they  had  been  reserved 
from  sale,  the  Department  had  no  jurisdiction  to  trans- 
fer the  lands,  and  their  attempted  conveyance  by  pat- 
ent is  inoperative  and  void,  no  matter  with  what 
seeming  regularity  the  forms  of  law  have  been  ob- 
served."*" 

A  patent,  regularly  issued,  is  conclusive,  in  all  ac- 
tions, of  the  legal  title  and  may  be  attacked  only  by 
a  direct  proceeding,  in  the  name  of  the  United  States.'^" 

The  proviso  found  in  the  act  of  August  30,  1890,  (26 
Stat.,  391)  reads  as  follows: 

"Provided,  That  in   all   patents  for  lands  hereafter 


46  Bapnell  v.  Broderick,  13  Pet.,  436;  Shepley  v.  Cowan,  91 
V.  S.,  330;  He.vdenfel(lt  v.  Daney  M.  Co..  93  id..  0^4:  St. 
Louis  Sin.  Co,  v.  Kemp,  104  Id.,  636;  Steel  v.  St,  Louis  Stn. 
Co.,   106  id.,  447;  Deffebaok  v.  Hawke,  115  id.,  392. 

47  Last  Chance  M.  Co.  v.  Tyler  M,  Co..  157  U.  S..  683; 
Eureka  M.  Co.  v.  Ricliraond  M.  Co.,  4  Sawy.,  302;  Kahn  v. 
Old  Telegraph   M.   Co.,   2   Utah,   174. 

48  Benson  M.   Co.  v.   Alta  M.  Co.,  145  U.  S.,  683, 

49  Davis'  Adm'r  v,  Weibbold.  139  U.  S.,  507. 

50  Johnson  v.  Towsley,  13  Wall.,  72;  St.  I^)uis  Sm.  Co.  v. 
Kemp,  104  U.  S.,  636;  Steel  v.  St.  Louis  Sm.  Co.,  106  Id.,  447; 
Heath  v.  Wallace,  138  id..  573. 


I 


OF   THE   UNITED   STATES.  10ft 

taken  up  under  any  of  the  land  laws  of  the  United 
States  or  of  any  entries  or  on  any  claims  validated 
by  this  act  west  of  the  100th  meridian,  it  shall  be  ex- 
pressed that  there  is  reserved  from  lands  in  said  pat-  . 
ent  described  a  right  of  way  thereon  for  ditches  or 
canals  constructed  by  the  authority  of  the  United 
States." 

This  provision  of  law  was  held  by  the  Commissioner 
of  the  General  Land  Office  to  apply  to  patents  issued 
for  mining  claims  in  Alaska,  See  his  letter  of  Septem- 
ber 4,  1897,  to  the  Sitka  land  office  in  re  Bald  Eagle  and 
other  lodes. 

ADVERSE  CLAIM. 

As  before  seen,  the  applicant  for  a  mineral  patent  is 
required  to  give  notice  of  his  application.  This  notice 
is  made  a  prerequisite  to  the  end  that  all  persons  who 
may  have  interests  which  are  in  conflict  with  the  claim 
of  the  applicant  may  be  put  on  their  guard  and  may  . 

take  such  steps  as  are  necessary  to  a  presentation  of  * 

their  claims  and  a  determination  thereof.  Sections 
2325  and  2326,  United  States  Revised  Statutes,  and  the  | 

Act  of  March  3,  1881, ''*  contain  the  statute  law  relative  ( 

to  this  subject,  but  the  courts  and  the  Land  Depart-  I 

ment  have  rendered  many  decisions  in  construing  and 
giving  effect  to  these  statutory  provisions.  The  first 
subject  of  inquiry  will  be  the  ascertainment  of  the 
meaning  of  the  term  "adverse  claim."     In  its  broader  [ 

sense  it  means  any  claim  or  title  the  existence  of  which  I 

is  opposed  to  the  title  of  the  applicant  for  patent.    In  j 

its  restricted  sense,   however,   it  refers  more  particu-  f 

larly  to  that  paper  filed  in  the  local  land  oflfice,  where-  |; 

in   is  set  forth,   under   oath,    the  title   of  the  adverse  ! 

claimant  and  the  fact  that  the  mining  claim  for  which 
patent   is   asked   is   in   conflict   with   the   claim   of   the  | 

affiant,  the  document  concluding  with  the  prayer  that  |!: 

all  proceedings  be  stayed  before  the  land  office  until 
the  conflicting  rights  may  be  determined  by  a  court  of 
competent  jurisdiction."'-    The  "adverse,"  as  it  is  com-  ; 

monly  called,  must  be  verified  by  the  oath  of  the  ad-  ji 

verse  claimant,  if  he  is  within  the  land  district;  other-  > 


51  For  these  statutes  and  regulations  of   Land  Department, 
Bee  pp.   130,   151   and   152. 

52  For  form  of  adverse  claim,  see  p.   189. 


10« 


MINERAL  LAND  LAWS 


\ 


wise  by  that  of  a  duly  authorized  agent."  If  the  ad- 
verse is  sworn  to  by  the  adverse  claimant  the  oath 
may  be  taken  before  "the  clerk  of  any  court  of  record 
^of  the  United  States  or  the  State  or  Territory  where 
the  adverse  claimant  may  then  be,  or  before  any 
notary  public  of  such  State  or  Territory,"  but  if  sworn 
to  by  an  agent  it  would  seem  that  the  oath  must  be 
taken  within  the  land  district  in  which  the  claims  are 
situated.'**  As  a  corporation  can  act  only  by  an  agent, 
an  adverse  claim  filed  on  behalf  of  a  corporation 
should  be  verified  by  the  oath  of  an  officer  or  a  duly 
authorized  agent.'** 

The  fee  payable  on  filing  an  adverse  claim  in  the 
land  office  is  ten  dollars,  for  the  payment  of  which  the 
receiver  gives  a  receipt.^"  This  fee  cannot  be  demanded 
unless  the  adverse  claim  is  received  and  filt  '  "  The 
adverse  claim  must  set  forth  the  fact  that  ai.  -appli- 
cation for  patent  has  been  filed  for  a  described  v;.  -n, 
that  notice  of  such  application  is  being  given  by  pu 
lication,  and  must  set  forth  the  title  of  the  adverse 
claimant  to  a  conflicting  claim,  should  allege  his  su- 
perior right  to  the  conflict,  and  should  be  accompanied 
by  record  evidence  of  title  to  the  Conflicting  claim  and 
by  a  plat  made  by  a  United  States  deputy  mineral  sur- 
veyor, showing  the  boundaries  and  extent  of  the  con- 
flict between  the  two  claims.'*^  Where  bov/t  /er,  it 
is  impossible  to  secure  such  a  plat,  the  conflict  may  be 
shown  by  an  unofficial  survey,'*^  or  by  th^^  bejt  means 
obtamable.""  While  the  papers  mentioned  are  all  es- 
sential parts  of  a  valid  adverse,  if  an  adverse  claim 
not  accompanied  by  them  is  received  and  the  filing  fee 
accepted,  the  adverse  claim  will  not  be  rejected  if  said 
papers  are    subsequently   filed. ^^ 


I'M  I 


53  See  Sec.   2335,   O.  S.   Rev,   Stats..   See.  1  of  Art  of  An»-il 
26,  1882,  22  Stats.,  49,  and  Departmental  Regulations,    p.   153. 

54  Circular  of  May  9,   1882,   1  L.  D.,  685. 

55  Hawley  M.  Co.  v.  Memnon  M.  Co.,  Sickels',  235. 

56  See    paragraph    97   of   regulations,    page    166,    and    Form, 
page  191. 

57  Waterhoiise  v.  Scott,  13  L.  D.,  718. 

58  See  Fonn,   p.   189. 

59  Hoffman  t.  BeecLer,  31  Pac,  Rep,,  92, 

60  I'hilRdelphia   M.    Co.    v.    Fluley,    10  C.    L.    O.,    340;   J,    S, 
Wallace,  1  L.  D.,  582. 

61  Departmental  decision,  July  22,   1892,   in  re  Orient  Lode. 


I 


■5W 


OF   THE  UNITED  STATES. 


107 


To  be  of  legal  effect  and  operate  as  a  stay  of  proceed- 
ings before  the  Land  Department,  an  adverse  claim 
must  be  filed  during  the  sixty-day  period  of  concur- 
rent notice  by  publication  and  posting."-  "The  pro- 
ceedings before  the  Land  Department  are  judicial  in 
character,  and  the  publication  of  notice,  as  required, 
brings  all  parties  into  court;  and  if  they  stand  by  and 
allow  the  statutory  time  for  filing  adverse  claims,  or 
for  bringing  suit  in  support  thereof,  to  elapse,  their 
rights,  so  far  as  they  might  have  been  determined  in 
such  proceedings,  *  *  *  are  lost.""^  While  the  pub- 
lication of  notice  in  a  weekly  newspaper  is  required 
to  cover  sixty-three  days,  adverse  claims  must,  under 
the  statute,  be  filed  within  the  sixty-day  period."* 

In  computing  the  sixty  days  within  which  an  ad- 
verse claim  must  be  filed,  the  first  day  of  publication 
must  be  excluded. "'  If  the  posting  upon  the  claim  or 
in  the  land  office  is  not  continuous,  the  notice  is  not 
legal,  and  adverse  claimants  are  not  bound  thereby.''" 
If  the  sixtieth  day  of  publication  falls  on  a  legal  holi- 
day an  adverse  claim  may  be  filed  on  the  following 
business  day,  according  to  the  decisions  of  the  De- 
partment,"^ though  whether  fhis  rule  would  be  accepted 
by  the  courts  is  doubtful.  A  misstatement  in  the  pub- 
lished notice  as  to  the  date  of  last  publication  will  not 
relieve '  from  the  necessity  of  filing  adverse  claims 
within  the  sixty-day  period."*  An  adverse  claim  may 
be  accepted  by  a  local  land  officer  on  a  holiday,  or  out 
of  office  hours,  or  at  his  home,  and,  if  so  accepted,  will 


I     ^ 


62  Snow  Flake  Lode,  4  L.  D.,  30;  Nettie  Lode  v.  Texas  Lode, 

14  L.  D..  180. 

63  Kannaugh  v.  Quartette  M.  Co..  16  Colo..  341.  See,  also, 
Gwillim  V.  Donnellan,  115  U.  S.,  45;  Lee  v.  Stahl.  9  Colo.. 
208,  13  Colo..  174;  Hunt  v.  Eureka  Gulch  M.  Co..  14  Colo..  451; 
Wight  V.  Dubois.  21  Fed.  Rep..  693;  Wight  v.  Tabor,  2  L.  D., 
738;  Pettit  v.  Buffalo  M.  Co.,  9  L.  D.,  563. 

64  Miner  v.  Marriott,  2  L.  D.,  709;  Ledger  Lode,  16  L.  D., 
101. 

65  Bonesell  v.  McNlder,   13  L.  D.,  286;  Waterhouse  v.  Scott, 

15  L.   D.,   718. 


66  Tilden  v.   Intervener  M.  Co.,   1   L.   D.,   572. 

67  Ground  Hog  Lode  v.  Parole  &  Morning  Star  L 
30. 

68  Nettie  IxkIb  v.  Texas  Lode,  14  L.  D.,  180. 


10K 


MINERAL   LAND   LAWS 


he  treated  as  though  filed  in  the  land  office  during 
hUKiness  hours.'*'' 

Within  thirty  days  from  the  time  an  adverse  claim 
is  filed  in  the  land  office,  suit  must  be  commenced  by 
the  adverse  claimant  against  the  applicant,  in  a  court 
of  competent  jurisdiction,  to  determine  the  rights  of 
the  parties.^''  A  failure  to  commence  such  suit  within 
this  time  is  a  conclusive  waiver  of  the  adverse  claim," 
and  a  suit  brought  after  the  expiration  of  that  period 
will  be  dismissed  by  the  court  if  a  motion  for  dismis- 
sal is  made  at  the  proper  time,  in  the  trial  court." 

Where  an  adverse  claim  was  rejected  by  the  local 
land  office  and  the  matter  was  carried  on  appeal  to  the 
Commissioner,  and  thence  to  the  Secretary,  and  in  the 
meantime  no  suit  was  brought,  it  was  held  that  fail- 
ure to  begin  the  suit  was  a  waiver  of  the  adverse 
claimant's  rights.'^  This  decision  appears  to  be  un- 
founded in  reason,  however,  for  the  adverse  claim  not 
having  been  accepted  by  the  Land  Department,  there 
was  no  basis  for  the  commencement  of  a  suit  under  the 
provisions  of  Section  2326,  United  States  Revised  Stat- 
utes. 

Wh£„t  constitutes  the  commencement  of  a  suit  de- 
pends upon  the  law  of  the  State  wherein  the  suit  is 
brought." 

While  the  section  of  the  3tatute  above  referred  to 
requires  the  adverse  claimant  to  prosecute  his  suit 
"with  reasonable  diligence  to  final  judgment."  the 
question  of  whether  or  not  reasonable  diligence  has 
been  shown  is  one  solely  for  the  determination  of  the 
court  in  which  the  suit  is  pending,  and  is  not  to  be 
inquired  into  by  the  Land  Department.^'* 


(){)  Snyor  v.  IToosno  M.  Co..  0  C.  L.  O.,  73;  Jenny  Lind  M.  Co. 
V.   Kurckn   M.  Co.,   Siokols',  223-23L 

70  Roc.    2320,    U.    S.    Rev.    Stat.,    page    ini. 

71  l<o(ll(>  Co.  V.  Pechtcl  Co..  1  L.  D.,  584;  Qroni  Eastorn  Co. 
V.  Ksnu'nilda  Co.,  2  L.  D..  704;  BrannKan  v.  Dnlancy,  2  L.  I).. 
744. 

72  Marshall  S.  M.  Co.  v.  Klrtlpy.  12  Colo.,  410. 

73  Srott  V.   Malonej,  22  L.   D.,  274. 

74  Riolimonl  M.  Co.  v.  Rosp,  114  IT.  S.,  570;  Mars  v.  Oro 
Fiut>  M.  Co.,  05  N.  W.  Rep.,  It);  De  (^.airia  v.  Raton.  22  L.  D.. 
16;   Catron   v.  I^nvisohn,   23   L.    D..    20. 

75  Rirliniontl  M.  Co.  v.  Rose,  114  V.  P,,.  570:  .1.  R.  vVallafr, 
1   L.   D.,   582;   De  Garcia   v.    Katon,   22  L.    I).,    10. 


OF    THK  UNITED   STATES. 


109 


The  reasonable  rule  would  seem  to  be  that  a  suit 
on  an  adverse  claim,  brought  by  one  out  of  possession, 
should  be  a  suit  at  law  in  the  nature  of  a  suit  of 
ejectment;  but  if  brought  by  an  adverse  claimant 
in  possession,  the  suit  should  be  brought  as  an  action 
in  equity  to  quiet  title.'"  In  the  former  case,  the 
parties  have  a  right  to  a  jury  trial;  in  the  latter,  a 
jury  trial  cannot  be  demanded  as  a  matter  of  right.'" 
In  the  State  of  Colorado,  however,  all  suits  based  on 
adverse  claims  are  in  the  nature  of  suits  of  ejectment, 
regardless  of  whether  or  not  the  plaintiff  is  in  pos- 
session.'** The  Act  of  March  3,  1881,''"  does  not  render  a 
trial  by  jury  necessary  in  a  suit  based  upon  an  ad- 
verse claim,  if  the  action  is  brought  as  a  suit  in 
equity."" 

A  suit  based  on  an  adverse  claim  should  be  directed 
to  the  determination  of  whether  or  not  either  party 
thereto  is  entitled  to  a  patent  for  the  land  in  dispute,"* 
hence,  a  mere  failure  on  the  part  of  the  plaintiff  to 
prove  title  in  himself  does  not  relieve  the  defendant 
of  the  burden  of  proving  his  title,**'-  and  if  neither  party 
to  the  suit  shows  in  himself  the  right  to  a  patent,  it 
should  be  so  adjudged  under  the  provisions  of  the  Act 
of  March  3,  1881,  supra.**''  Tiie  mert  entry  of  judge- 
ment in  favor  of  a  party  to  sncli  a  suit  does  not, 
however,  compel  the  Land  Department  to  grant  him  a 
patent,  for  he  is  still  required  to  show  to  the  satis- 
faction of  the  Department  a  full  compliance  with 
law.**^     The    successful    adverse    claimant,    before    he 


70  Wolvcrton  v.  Nichols.  11!)  H.  S..  4S,T;  riam.'nor  v.  Gur- 
liold  M.  Co.,  l.'W  IT.   S.,   291;   Ilontz  v.  Glsltorn,  1   TMiili.  17.1. 

77  Doo  V.  Wnterloo  M.  Co.,  43  Fed.  Rep.,  219;  Porogo  v. 
r  ■■    ,p,    1(!3   U.    S..    ICiO. 

78  Rocker  v.   Pncrh.  0  Colo.,  589,   17  Colo..  24;5. 

79  See   imge    152. 

80  Perego  v.   Dodge,   163  L.   S.,  1(50. 

81  .Jackson  v.  Rohy.  109  U.  S..  440;  WolveiMon  v.  Nichols. 
1J9  V.  S..  485;  Uosciithal  v.  Ives.  2  Idaho.  LM4;  Lee  Doom  v. 
Tesh.  OS  Cal..  4:\:  Se.vu«(Hir  v.  I'Mslier,  Ki  '.*o1o..  188;  Waterloo 
M.   Co.  V.    Doe.  .'>(5  Fed.    Kep..    <>85. 

82  Ilaiiitner  v.  Gardeld  M.  Co.,  130  D,  S\.  291;  Gvvlllim  v. 
Doiinellaii,   115  V.  S.,  45. 

83  Juekson  v.  Roby,  109  U.  S.,  440;  Rccker  v.  IMigh,  17  Colo.. 
243. 

84  Perego  v.  Do<lpe.  103  U.  S..  IGO,  citing  apinovlngly, 
Altf;e  Placer,    4  L.    D.,   314. 


law  , 

I 

I' 


wmm 


110 


MINERAL   LAND   LAWS 


will  be  allowed  to  make  entry  of  the  land,  must  file  in 
the  land  office  (a)  a  certified  copy  of  the  judgment 
roll,  (b)  a  plat  and  field  notes  approved  by  the  United 
States  Surveyor-General,  describing  the  land  which 
he  seeks  to  enter,  and  (c)  a  certificate  by  the  sur- 
veyor-general showing  an  expenditure  of  $500  in  labor 
and  improvements  upon  the  land,  as  in  other  cases.^'^ 
It  may  be  here  remarked  that  the  adverse  claimant 
who  secures  a  judgment  delays  making  entry  at  the 
risk  of  losing  his  claim  through  relocation  by  third 
persons,  should  he  fail  to  perform  the  required  annual 
labor  thereon.^" 

After  the  filing  of  an  adverse  clair.i  and  until  the 
suit  based  thereon  is  finally  determined,  or  the  ad- 
verse claim  waived,  the  Land  Department  is  without 
jurisdiction  over  the  land  involved/''  The  applicant  for 
patent  may,  if  he  so  desires,  temporarily  relinquish 
from  his  application  so  much  of  his  claim  as  is  con- 
cerned in  the  adverse  proceedings,  and  secure  a  patent 
for  the  remainder  thereof,  continuing  litigation  for  that 
part  in  confiict.**^ 

It  is  not  every  claim  or  title  which  may  properly  form 
the  basis  for  an  adverse  claim  and  suit  under  the 
provisions  of  Sections  2325  and  2326,  United  States  Re- 
vised Statutes,  and  a  brief  statement  of  what  are,  and 
what  are  not  properly  the  bases  of  adverse  claims,  will 
not  be  amiss. 

A  tenant  in  common  of  a  mining  claim,  whose  name 
has  been  omitted  from  the  application  for  a  patent,  is 
not  obliged  to  protect  his  rights  under  these  sections, 
but,  after  *he  issuance  of  patent  to  his  co-tenant  should 
proceed  in  equity  to  have  the  patentee  declared  a  trus- 
tee under  the  patent  for  his  use  and  beneflt,^"  or  to 
.  compel   a  conveyance  by  the  patentee.     The   right   to 

85    Albert  F.    Harsh,   2  L.  D.,  700. 

8(J  Stcol  V.  Gold  Load  M.  Co.,  18  N(>v.,  80:  Torn'r  to  Load- 
vlllo  ofllt'o,   Feb.  U4,   180G,    iu  re  Kennedy   v.  Johustou. 

87  Rl<'hmond  M.  Co.  v.  Rose.  114  IT.  S..  r)70:  St.  Louis  Sni. 
Co.   V.  Kemp,   104  U.  S.,  G3(J;  Clijiper  M.  Co.,  22  L.   1).,  527. 

88  UranaKan  v.  Dulaney,  2  L.  D..  744.  See,  also,  Last  Chanec 
M.  Co.   V.  Tyler  M.  Co.,   157  U,   S.,  08;{ 

HU  Ti.iiier  v.  Sawyer.  150  IT.  S..  578;  Rnindy  v.  Mavtteld.  15 
Moiit..  201;  Hunt  v.  Patcblii.  .'{5  Fed.  Rep..  81(');  Thomas  v. 
KllliiK.  25  L.  !>..  495  (overruling  (Jramplau  Lode,  1  L.  D..  544; 
Luey  R.  Hussey  Lod«>,  5  L.  I).,  1K{;  M'/ultor  Lode,  18  L.  D.,  358). 
Contra  Mattingly  v.   Lewisohu,  b  :aoul.,   25U. 


i 


OF   THE   UNITED   STATES. 


Ill 


follow  a  lode  on  its  dip  outside  of  the  side  lines  of  the 
claim,  is  not  the  proper  subject  of  an  adverse  claim;"*' 
nor  is  an  easement,  such  as  a  right  of  way  for  a  flume 
claimed  under  Section  2339,  United  States  Revised 
Statutes;"  nor  an  alleged  equitable  right  in  the  claim, 
applied  for;"-  nor  a  claim  under  the  agricultural  land 
laws;"'  nor  is  the  owner  of  a  known  lode  obliged  to 
adverse  an  application  for  a  placer  claim  covering  the 
ground,  as  the  lode  is  excepted  by  law  from  the  placer 
patent."* 

On  the  other  hand,  it  has  been  held  that  a  claim- 
ant under  an  unconfirmed  Mexican  grant  must  pro- 
tect his  rights  by  proceedings  under  said  Sections  2325 
and  2326,  United  States  Revised  Statutes;"^  and  that  a 
dower  interest  in  a  mining  claim  must  be  so  pro- 
tected;"" and  so  of  a  mill  site  claim;"'  and  of  the  title 
of  a  town  lot  owner,  even  though  the  townsite  has  been 
patented."**  Relative  to  this  last  statement,  it  should 
be  said  in  explanation,  that  under  the  townsite  laws, 
known  mines  are  excepted  from  the  operation  of  a 
tov^nsite  entry  and  patent.  (Sections  2386  and  2392, 
Ur.iutd  States  Revised  Statutes.)  Where  it  is  alleged 
b\  a  inlne  owner  that  his  claim  was  a  known  mine  at 
cate  o?  the  townsite  entry,  he  is  required  to  submit  tes- 
tJriiOL'y  showing  this,  with  notice  to  the  townsite  au- 
thfnitivi.?  and  it  is  not  until  he  has  made  a  prima  facie 
shov  'np  I  hat  his  application  for  patent  will  be  re- 
cei/eu    ly  the  Land  Department. 

A  tunnel  claimant  is  not  required  to  file  an  adverse 
claim  unless  he  has  discovered  in  his  tunnel  a  lode 
which  would   conflict  with   the  claim   applied   for.>"* 


90    Cholliii-  I'otosi  M.  Co.  v.  Julia  M.  Co.,  Slokela',  254. 

'Jl    Rockwell  V.  Grahnm.  9  Colo.,  .'iO. 

92    Doliorty    v.    Morris,    11    Colo..    12. 

H3    Powoll  V.    Ferguson,   2',\  L.    D.,    17.1.    Contra,    Andoi'Bon   v. 
..'.r  :;(lor  ;'o.,  10  L.   I).,  r>72. 

tl    Noycs  V.   Mantk'.   127   U.    S..    34R. 

95    MoOai-raliaii  v.   Now  Idrla   M.  <'o.,  .'{  L.    I)..  422. 

9(5    HIack  v.    Klkliorn    M.    Co.,  49   Fed.    Kcp.,    nv,). 

97  Wancii    Mill    Slt<«    v.    CopiuT   Prince    Ix)(l»\    1    L.    1)..   nn.'-.; 
Sliafcp  V.    Const aiKS,    .'{   Mont.,    3(!9. 

98  TallM)lt  V.  KinK.  0  .Mont.,  70;  Tlionias  Starr,  2  L.  D.,  759. 
09    EutcrprlHc  M.  Co.  v.  Uico-Aspcn  M.  Co.,   107  U.  S.,  108. 


I  \ 


112  MINERAL  LAND   LAWS 

PATENTS    FOR    PLACER    CLAIMS. 

In  most  particulars  applications  for  patent  for  placer 
claims  are  similar  to  applications  for  lode  claims. 

If  the  placer  has  been  ;  ^^  te<1  and  is  claimed  by 
legal   subdivisions,    no    sur\  :  necessary,    and    the 

application,  instead  of  a  refert  to  official  fleld  notes 
and  plat  of  survey,  should  contain  a  description  of  the 
land  applied  for  by  section,   township  and  range. 

If  the  location  is  upon  unsurveyed  lands,  or  upon 
surveyed  lands,  and  does  not  conform  to  the  descrip- 
tion thereof,  an  official  survey  by  metes  and  bounds 
is  required.  Neither  is  there  any  difference  in  the 
proof  required  as  to  title,  and  the  details  relative  to 
posting  and  publication  with  proof  thereof  are  identical 
with  those  required  as  to  lode  claims. 

Of  course,  if  the  placer  claim  is  taken  by  legal  sub- 
divisions, no  survey  need  be  made  as  a  preliminary  to 
filing  application  for  patent.  In  view  of  this  a  cir- 
cular was  issued  by  the  General  Land  Office  under 
date  of  September  22,  1882,  requiring  that  a  deputy  min- 
eral surveyor  must  report  on  every  placer  claim,  with 
reference  to  the  character  of  the  land,  improvements, 
etc.  By  the  decision  of  the  Secretary  in  the  case  of 
Rosina  T.  Gerhauser,^  however,  it  was  held  that  such 
report'  should  not  be  required  where  the  placers  are 
taken  by  legal  subdivision,  thus  allowing  the  claim- 
ant to  make  the  proof  of  expenditure.  This  decision 
would  seem  to  be  in  disregard  of  Sections  2325  and  2329, 
United  States  Revised  Statutes,'-  the  first  of  which  re- 
quires, where  application  is  made  for  a  patent  to  a 
lode  claim,  "That  the  claimant  at  the  time  of  filing 
this  application,  or  at  any  time  thereafter,  within  the 
sixty  days  of  publication,  shall  file  with  the  register  a 
certificate  of  the  United  States  Surveyor-General  that 
five  hundred  dollars'  worth  of  labor  has  been  ex- 
pended or  improvements  made  upon  the  claim  by  him- 
self or  grantors."  Section  2329  provides  that  "C'aims 
usually  called  'placers,'  *  *  *  shall  be  subject  to  en- 
try and  i)atent,  under  like  circumstances  and  condi- 
tions, and  upon  similar  iiroceedings  as  are  provided 
for  vein  or  lode  claims,"  etc.  Clearly,  under  those  sec- 
tions of  the  statute   the  only  legal  evidence  of  com- 

1  7  L.  D.,  ^90. 

2  See   pp.    132  and   136. 


OF   TIIK   UNITKD   STATES.      " 


113 


pliance  with  law  in  tiie  matter  of  expenditure  is  tiie 
certificate  of  tiie  surveyor-general. 

Under  the  existing  rule  the  affidavits  of  two  or  more 
persons  should  be  furnished  showing  in  detail  the 
character,  extent,  position  and  value  of  improvements 
made  upon  the  claim  by  the  applicant  or  his  grantors, 
and  the  date  when  made. 

As  stated  on  page  37,  an  individual  may  embrace  in 
one  placer  location  not  more  than  twenty  acres,  while 
an  association  of  individuals  may  locate  in  one  claim 
twenty  acres  for  every  member  of  the  association,  pro- 
vided that  no  location  shall  cover  more  than  one  hun- 
dred and  sixty  acres. ^  Any  number  of  contiguous  lo- 
cations, owned  in  common,  may  be  embraced  in 
one  application  for  patent,  but  under  the  present  reg- 
ulations of  the  Department,*  if  more  than  one  location 
is  included  in  an  application  for  patent  a  showing  of 
five  hundred  dollars'  expenditure  for  each  location 
must  be  made.  From  this  it  follows  that  if  an  indi- 
vidual locates  or  acquires  eight  contiguous  locations  of 
twenty  acres  each,  he  must  show  an  expenditure  of 
four  thousand  dollars;  while,  if  one  hundred  sixty 
acres  are  located  by  an  association  of  individuals  but 
five  hundred  dollars  need  be  expended  in  order  to  ob- 
tain a  patent.  From  this  it  is  seen  that  the  cheaper 
plan  for  claimants  is  to  locate  jointly.  It  may  be  here 
remarked  that  this  rule  also  governs  in  the  matter  of 
annual  "assessment"  work,  i.  e.,  if  one  hundred  sixty 
acres  are  located  as  eight  separate  claims  of  twenty 
acres  each,  an  annual  expenditure  upon  or  for  the 
benefit''  of  every  location  is  required,  viz.,  eight  hun- 
dred dollars;  while  if  one  hundred  sixty  acres  are 
located  by  an  association  as  one  claim,  even  though 
title  may  afterward  be  vested  in  one  person,  but  one 
hundred  dollars  need  be  expended  annually  on  the 
claim.  The  same  rule  also  applies  as  to  the  showing 
required  as  to  discovery  of' mineral,  i.  e.,  one  dis- 
covery must  be  shown  upon  every  location,  whether  it 
contains  twenty  acres  (or  less)  or  one  hundred  sixty 
acres." 

.'?    Sors.  2.^no  11  nd  2.13 J,   p.    1.12. 

4    l'in!>Ki'iil»li   M,    p.    14.*'..  ^ 

r»    ('hiiiiibt'is  V,   HiirriiiKton,  HI    H.  S.,   .'{."iO. 
0    Union   Oil  Co..    2r)    L.    D.,    ;{.^)1.    Set',    iilso,    pnniKiapli    20, 
l{»'Knl.'iti(tnH,    j).    1.1.3, 


1^ 


11 


I     ! 


114 


MINERAL   LAND  LAWS 


Veins  or  lodes  are  frequently  known  to  exist  within 
the  boundaries  of  placer  claims.  *  In  such  case  if  the 
placer  claimant  is  in  possession  of  the  vein  or  lode  so 
included,  he  may  embrace  the  same  in  his  application/ 
which,  with  the  posted  and  published  notices,  must  in 
detail  refer  to  and  describe  such  vein  or  lode.  The 
vein  or  lode  with  surface  ground  to  the  extent  of  twen- 
ty-five feet  on  each  side  thereof  must  be  shown  by  an 
official  survey,  which  must  be  filed  as  part  of  the 
application  for  patent.  The  application  for  patent 
may  be  modified  by  adding  a  clause  practically  as  fol- 
lows: *  *  *  "and  for  the  Blank  Lode  mining  claim 
embraced  therein,  consisting  of  1,500  linear  feet  of  such 
Blank  Lode,  bearing  ^old,  together  with  25  feet  of  sur- 
face ground  on   each   side   thereof,   as   shown  by   the 

ofl^cial  plat  and  field  notes  of  survey  No.  ,  attached 

to  and  made  a  part  hereof.  Said  Blank  Lode  was  dis- 
covered *  *  *  as  will  more  fully  appear  by  refer- 
ence to  the  abstract  of  title  h«ireinbefcre  mentioned  as 
part  of  this  application  for  patent." 

If  the  placer  is  claimed  by  legal  subdivisions  it  may 
be  so  described  in  the  application  with  the  additional 
claim  for  the  vein  or  lode  above  noted;  if  the  placer 
is  taken  by  metes  and  bounds,  both  placer  and  lode  of 
course  will  be  embraced  in  one  survey,  and  the  appli- 
cation may  state  that  it  is  "for  the  *  *  *  placer 
embracing  the  Biank  Lode,  as  will  more  fully  appear 
by  a  reference  to  the  official  plat  and  field  notes." 

If  everything  proceeds  regularly,  and  no  adverse  in- 
terests are  asserted,  entry  may  be  made  upon  pay- 
ment of  $2.50  per  acre  for  the  area  of  the  placer  ground 
and  $5  per  acre  for  the  area  shown  by  the  survey  of 
the  lode  claim. 

The  purchase  price  of  placer  land  is  $2.50  per  acre;* 
of  lode  claims  and  mill  sites,  $5  per  acre.'*  If  a  number 
of  contiguous  locations  are  embraced  ?n  one  claim, 
the  areas  of  the  separate  locations  are  added  together, 
and  the  fraction  of  an  acre,  If  any,  is  charged  for  as 
an  acre. 

If  the  applicant  for  a  placer  patent  fails  to  include 


7  S«'C.   2XVA.   V.    S.    Rt'v.   SiHta.,    p.   14r». 

8'  Sec.   2;{;{.'{.  supru. 

5»  St'c.  12.124.   IT.  S.  Ilcv.  8tHt.s.,   p.   124,  and  Sec.  2337,  V.  S. 

Rev.  Stats.,    p.    147. 


^1 


OF    TOE   UNITED   STATES. 


115 


therein  any  known  lodes  which  may  be  within  the 
exterior  boundaries  of  liis  claim,  the  statute  (Section 
2333,  United  States  Revised  Statutes)  provides  that 
such  i.  iluie  "shall  be  construed  as  a  conclusive  dec- 
laration that  the  claimant  of  a  placer  claim  has  no 
right  of  possession  of  the  vein  or  lode  claim."  It  is 
further  provided  that  a  patent  issued  on  a  placer  claim 
shall  be  held  to  convey  all  veins  or  lodes  not  known 
to  exist  at  date  of  the  placer  application. 

This  provision  of  the  law  has  frequently  been  before 
the  courts  and  a  very  uniform  construction  has  been 
given.  It  will  be  observed  that,  where  the  applicant 
for  a  placer  patent  did  not  specifically  apply  for  an 
included  lode,  known  to  exist  at  the  date  of  such  ap- 
plication, he  is  estopped  from  claiming  such  lode  under 
his  placer  patent.^"  To  be  excepted  from  a  placer  pat- 
ent a  lode  need  not  have  been  located  before  the  date 
of  the  application  for  placer  patent.  "It  is  enough  that 
it  be  known,  and  in  this  respect,  to  come  within  the 
intent  of  the  statute,  it  must  either  have  been  known 
to  the  applicant  for  the  placer  patent  or  known  to 
the  community  generally,  or  else  disclosed  by  work- 
ings and  obvious  to  any  one  making  a  reasonable  and 
fair  inspection  of  the  premises. "^^ 

A  lode  within  the  limits  of  a  patented  placer,  to  be 
excepted  from  the  placer  patent,  must  have  been 
known  at  date  of  application  for  said  patent.  Mere 
belief,  not  based  on  any  discoveries  in  the  placer  or 
any  tracings  of  a  vein  or  lode  adjacent  thereto,  but  on 
the  theory  that  a  lode  of  a  horizontal  position,  discov- 
ered elsewhere  in  the  district  might  underlie  the 
placer,  is  insufficient. '-  It  has  been  held,  further  that 
to  be  excepted  from  the  operation  of  a  placer  patent,  a 
vein  must  possess  qualities  not  required  to  render  it 
subject  to  location  under  Section  2320,  United  States 
Revised  Statutes,   i.   e.,   it  must   have  been  known   at 


%*] 


II 


s. 


10  Noyes  v.  Mnntle,  127  V.  S..  .^48:  I  nlil  v.  Riuinhoim.  V\2 
V.  S.,  2(50:  Sullivan  v.  Ii-on  SI1v»m-  M.  Co..  109  V.  S..  n.''»0;  Hcv- 
nolds  V.  Iron  Silver  M.  Co..  110  V.  S..  0S7;  Clarv  v.  Iliizlltt.  07 
Ciil..  2«0;  Hailioad  Lode  v.  Novt's  PhUMT,  !>  L.  ]>..  20;  Sontli 
Star  Lode,   20  L.   l>..   204. 

11  Iron  SilvtM-  ^r.  Co,  v.  Miivf  and  Starr  M.  Co..  14:?  U.  S.. 
;U>4.  S»'»^,  also,  Siiriivaii  v.  Iron  Stiver  M.  Co..  li:{  I'.  S..  4;U, 
rc'versinK  10  Fed.   Rt'i)..  820. 

12  Iron  Silvor  M.  Co.  v.  Roynolds.  124  U.  S..  .374;  S.  C, 
116  U.  S.,  087;  U.   S.   v.  Iron  Silver  M.  Co.,   128  U.  S..  073. 


rif 


IH         I 


116 


MINERAL  LAND   LAWS 


date  of  the  placer  application,  to  be  sufficiently  valua- 
ble to  be  profitably  worked."  This  view  would  seem 
to  be  rather  extreme,  but  it  must  be  borne  in  mind 
that  the  patent  issued  by  the  government  to  the 
placer  claimant  carries  with  it  every  presumption  of 
regularity.  In  the  face  of  an  intervening  adverse 
claim,  an  applicant  for  a  placer  patent  will  not  be  per- 
mitted to  so  amend  his  application  as  to  embrace  a 
lode  which  was  known  at  date  of  filing  such  applica- 
tion.i* 

If  it  be  shown  to  the  satisfaction  of  the  Land  De- 
partment, either  by  judicial   proceedings  or  by   testi- 
mony  submitted  with  notice   to   the   place,    claimant, 
that    a    lode    lying    within    the    limits    of   a    patented 
placer  was  known  at  date  of  application  for  the  placer 
patent,  the  Land  Office  will   issue  a  patent   for  such 
lode.^^    Where  it  is  shown  by  the  claimant  of  a  lode 
that  he  has  acquired  title  under  the  placer  patent,  he 
may   be  allowed     o  prove  by  ex  parte   affidavits   the 
known  existence  of  the  lode  at  date  of  the  placer  ap- 
plication.    This    fact    must    be    clearly    shown,    how- 
ever,  and  will  not  be  assumed  from   the  fact   that  a 
lode  claim  was  located  on  the  land  prior  to  such  ap- 
plication.i"    Under   the  rule  laid   down  by  the  United 
States  Supreme  Court,  in  the  case  of  Noyes  v.  Mantle," 
where  the  present   existence  of  a  lode  within  a  pat- 
ented placei'  claim  is  proven,  proof  of  the  fact  that  it 
was  located  prior  to  filing  of  the  application  for  placer 
patent,    is   sufficient  evidence  of   its   known   existence 
ut  that  time,  the  court  using  the  following  language: 
"Where  a  location  of  a   vein  or  lode  has  been  made 
under  the  law,  and  its  boundaries  have  been  specifically 
marked  on   the  surfaces,   so  as   to   be  readily   traced, 
and   notice   of   the   location   is  recrded   in    the   usual 
books  of  record  within  the  di.strict,   we   think  it  may 
safely  be  said  that  the  vein  or  lode  is  known  to  exist, 
although  personal  knowledge  of  the  fact  may  net  be 

13  Montana  Central  Ry.  Co.  v.   Mlgeon,  68  Fed.  Rep.,  811. 

14  Aurora  Lode  v.  Bnlger  Hill  and  Nugget  Gulch  Placer,  23 
L.  D..  95. 

15  South  Star  Lodo,  20  L.  D.,  204.  See,  however.  Iron  Silver 
M.  Co.  V.  Campbell,  un  U.  S.,  286,  which  appears  to  lay  down 
a  contrary  rule. 

16  Valley  Lode.  22  L.  D.,  713. 

17  127  U.    S..    348, 


Of  the  united  states. 


117 


possessed   by   tlie  applicant   for  a  patent  of  a  placer 
claim." 

It  may  be  remarked  in  passing  that  the  rule  laid 
down  in  the  case  of  the  South  Star  Lode,  supra,  is 
applied  by  the  Department  to  cases  where  a  lode  within 
a  patented  townsite  is  alleged  to  have  been  known  at 
date  of  entry  of  the  townsite,  as  Sections  2386  and  2392, 
relative  to  townsites  exclude  veins  on  lodes  of  min- 
eral-bearing rock  and  valid  mining  claims  or  pos- 
sessions from  the  operation  of  a  townsite  patent. i" 


18    Pacific  Slope  Lode,  25  L.    D.,   518.  and   Com'r  to  Denver 
office,  Nov.  16,  1895,  in  re  Antediluvian  Lode  v.  Central  City. 


P.'iET  II. 


UNITED  STATES  MINING  LAWS.  AND  REGU- 
LATIONS THEREUNDER. 

RELATIVE  TO  THE  RESERVATION,  EXPLORA- 
TION, LOCATION,  POSSESSION,  PURCHASE, 
AND  PATENTING  OF  THE  MINERAL  LANDS 
IN  THE  PUBLIC  DOMAIN. 


DEPARTMENT  OF  THE   INTERIOR, 

GENERAL  LAND  OFFICE. 


MINERAL  LANDS  OPEN  TO  EXPLORATION,  OC- 
CUPATION,   AND   PURCHASE. 

Sec.  2318,  R.  S.  In  all  cases  lands  valuable  for  min- 
erals shall  be  reserved  from  sale,  except  as  otherwise 
expressly  directed  by  law. 

Sec.  2319,  R.  S.  All  valuable  mineral  deposits  in  lands 
belonging  to  the  United  States,  both  surveyed  and  un- 
surveyed,  are  hereby  declared  to  be  free  and  open  to 
exploration  and  purchase,  and  the  lands  in  which  they 
are  found  to  occupation  and  purchase,  by  citizens  of 
the  United  States  and  those  who  have  declared  their 

lie 


('"• 


120 


MINKUAL   LAND   LAWB 


intenlion  to  become  .iach,  under  regulations  prescribed 
by  law,  and  according  to  the  local  customs  or  rules  of 
miners  in  the  several  mining  districts,  so  far  as  the 
same  are  applicable  and  not  inconsistent  with  the  laws 
of  the  United  States. 


NATURE  AND  EXTENT  OP  MINING  CLAIMS. 


1.    Mining  claims  are  of  two  distinct  classes: 
claims  and  placers. 


JjOde 


LODE  CLAIMS. 


Sec.  2320,  R.  S.  Mining  claims  upon  veins  or  lodes  of 
quartz  or  other  rock  in  place  bearing  gold,  silver,  cin- 
nabar, lead,  tin,  copper,  or  other  valuable  deposits, 
heretofore  located,  shall  be  <?overned  as  to  length  along 
the  vein  or  lode  by  the  customs,  ro^ulations,  and  laws 
in  force  at  the  c  ate  of  their  !octttion.  A  mining  claim 
located  after  the  tenth  day  of  May,  eighteen  hundred 
and  r:eventy-two,  whether  located  by  one  or  more  per- 
sons, may  equal,  but  shall  not  exceed,  one  thousand 
five  hundred  feet  in  length  along  the  vein  or  lode;  but 
no  location  of  a  mining  claim  shall  be  made  until  the 
discovery  of  the  vein  or  lode  within  the  limits  of  the 
claim  located.  No  claim  shall  extend  more  than  three 
hundred  feet  on  each  side  of  the  middle  of  the  vein 
at  the  surface,  nor  shall  any  claim  be  limited  by  any 
mining  regulation  to  'ess  than  twenty-five  feet  on  each 
side  of  the  middle  of  the  vein  at  the  surface,  except 
where  adverse  rights  existing  on  the  tenth  day  of 
May,  eighteen  hundred  and  seventy-two,  render  such 
limitation  necessary.  The  end  lines  of  each  claim  shall 
be  parallel  to  each  other. 

Sec.  2322,  R.  S.  The  locators  of  all  mining  locations 
heretofore  made  or  which  shall  hereafter  be  made,  on 
any  mineral  vein,  lode,  or  ledge,  situated  on  the  public 
domain,  their  heirs  and  assigns,  where  no  adverse 
claim  exists  on  the  tenth  day  of  May,  eighteen  hun- 
dred and  seventy-two,  so  long  as  they  comply  with  the 
laws  of  the  United  States,  and  with  State,  Territorial, 
and  local  regulations  not  in  conflict  with  the  laws  of 


I  Vf] 


OP  THE  UNITED   STATES. 


121 


the  United  States  governing  their  possessory  title,  shall 
have  the  exclusive  right  of  possession  and  enjoyment 
of  all  the  surface  included  within  the  lines  of  tluir 
locations,  and  of  all  veins,  lodes,  and  ledges  through- 
out their  entire  depth,  the  top  or  apex  of  which  lies 
inside  of  such  surface  lines  extended  downward  ver- 
tically, although  such  veins,  lodes,  or  ledges  may  so  far 
depart  from  a  perpendicular  in  their  course  down- 
ward as  to  extend  outside  the  vertical  side  lines  of 
such  surface  locations.  But  their  right  of  pos'  i  sslon 
to  such  outside  parts  of  such  veins  or  ledges  .saall  be 
confined  to  such  portions  thereof  as  lie  between  vertical 
planes  drawn  downward  as  above  described,  through 
the  end  lines  of  their  locations,  so  continued  in  their 
own  direction  that  such  planes  will  intersect  such  ex- 
terior parts  of  such  veins  or  ledges.  And  nothing  in 
this  section  shall  authorize  the  locator  or  possessor  of 
a  vein  or  lode  which  extends  in  its  downward  course 
beyond  the  vertical  lines  of  his  claim  to  enter  upon  the 
surface  of  a  claim  owned  or  possessed  by  another. 


Sec.  2336,  R.  S.  Where  two  or  more  veins  intersect  or 
cross  each  other,  priority  of  title  shall  govern,  and 
such  prior  location  shall  be  entitled  to  all  ore  or  min- 
eral contained  within  the  space  of  intersection;  but  the 
subsequent  location  shall  have  the  right  of  way 
through  the  space  of  intersection  for  the  purposes  of 
the  convenient  working  of  the  mine.  And  where  two  or 
more  veins  unite,  the  oldest  or  prior  location  shall 
take  the  vein  below  the  point  of  union,  including  all 
the  space  of  intersection. 


i 


CLAIMS    LOCATED    OR    PATENTED    PRIOR    TO 

MAY  10.  1872. 


2.  The  status  of  lode  claims  located  or  patented  pre- 
vious to  the  10th  day  of  May,  1872,  is  not  changed  with 
regard  to  their  extent  along  the  lode  or  width  of  sur- 
face; but  the  claim  is  enlarged  by  Sections  2322  and 
2328,  by  investing  the  locator,  his  heirs  or  assigns,  with 
the  right  to  follow,  upon  the  conditions  stated  therein, 
all  veins,  lodes,  or  ledges,  the  top  or  apex  of  which 
lies  inside  of  the  surface  lines  of  his  claim. 


•mm 


12^2 


MINERAL  LAND  LAWS 


3.  Tt  in  to  be  distinctly  understood,  however,  that 
the  law  limits  the  possessory  rif?ht  to  veins,  lodes,  or 
ledj^es,  other  than  the  one  named  in  the  original  loca- 
tion, to  such  as  wore  not  adversely  claimed  oa  May 
10,  1872.  and  that  where  such  other  vein  or  led^e  was  so 
adversely  claimed  at  that  date  the  right  of  the  party 
so  adversely  claiming  is  in  no  way  impaired  by  the 
provisions   of  the  Revised  Statutes. 

CLAIMS   LOCATED   SUBSEQUENTLY   TO    MAY  10, 

1872. 


4.  From  and  after  the  10th  May,  1872,  any  person 
who  is  a  citizen  of  '.he  United  Slates,  or  who  has  de- 
clared his  intention  to  become  a  citizen,  may  locate, 
record,  and  holcl  a  mining  claim  of  fifteen  hundred 
linear  feet  along  the  course  of  any  minera^  vein  or 
lode  subject  to  location;  or  an  association  of  persons, 
severally  qualified  as  above,  may  make  joint  location 
of  such  claim  of  fifteen  hundred  feet,  but  in  no  event 
can  a  location  of  a  vein  or  lode  made  subsequent  to 
May  10,  1872,  exceed  fifteen  hundred  feet  along  the 
course  thereof,  whatever  may  be  the  r>umber  of  per- 
sons composing  the  association. 

5.  With  reg8»'d  to  the  extent  of  surface  ground  pd- 
joining  a  vein  or  lode,  and  claimed  for  the  convenient 
working  thereof,  the  Revised  Statutes  provide  that  the 
lateral  extent  of  locations  of  veins  or  lodes  made  after 
May  10,  1872,  shall  in  no  case  exceed  three  hundred 
feet  on  each  side  of  the  middle  of  the  vein  at  the  sur- 
face, and  that  no  such  surface  rights  s'rall  be  limited 
by  any  mining  regulations  to  less  than  twenty-five 
feet  on  each  side  of  the  middle  of  the  vein  at  the 
surface,  except  where  adverse  rights  existing  on  the 
lOtli  May,  1872,  may  render  such  limitation  neces- 
sary; the  end  lines  of  such  claims  to  be  in  all  cases 
parallel  to  each  other.  Said  lateral  measurements  can 
not  extend  beyond  three  hundred  feet  on  either  side 
of  the  middle  of  the  vein  at  the  surface,  or  such  dis- 
tance as  is  allowed  by  local  laws.  For  example:  400 
feet  can  not  be  taken  on  one  side  and  200  feet  on  the 
other.  If,  however,  300  feet  on  each  aide  are  allowed, 
and  by  reason  of  prior  claims  1)ut  100  feet  can  be 
taken  on  one  side,  the  locator  will  not  be  restricted  to 
leas  than  300  feet  on  the  other  side;    and  when  the  lo- 


^f 


OF   THE  UNITED   STATES. 


at 


cator  does  not  determine  by  exploration  where  tlie 
middle  of  the  vein  at  the  surface  is,  his  discovery 
shaft  must  be  assumed  to  mark  such   point. 

6.  By  the  foregoing  it  will  be  perceived  that  no  lode 
claim  located  after  the  lUth  May,  1872,  can  exceed  a 
parallelogram  fifteen  hundred  fe'  i  in  length  by  six 
hundred  feet  In  width,  but  whether  surface  ground  of 
that  width  can  be  taken  depends  upon  the  local  regu- 
lations or  State  or  Territorial  laws  in  force  in  the  sev- 
eral mining  districts;  and  that  no  such  local  reglila- 
tions  or  State  or  Territorial  laws  shall  limit  a  vein 
or  lode  claim  to  less  than  fifteen  hundred  feet  along 
the  course  thereof,  whether  the  location  is  made  by 
one  or  more  persons,  nor  can  surface  rights  be  lim- 
ited to  less  than  fifty  feet  in  width  unless  adveiss 
claims  existing  on  the  10th  day  of  May,  1872,  render 
such  lateral  limitation  necessary. 

7.  The  rights  granted  to  locators  under  Section 
2322,  Revised  Statutes,  are  restricted  to  such  locations 
on  veins,  lodes,  or  ledges  as  may  be  "situated  on  the 
public  domain."  In  applications  for  lode  claims  where 
the  survey  conflicts  with  the  survey  or  location  lines 
of  a  prior  valid  lode  claim  and  the  ground  within  the 
conflicting  surveys  is  excluded,  the  applicant  not  only 
has  no  right  to  the  excluded  ground,  but  he  has  no 
right  to  that  portion  of  any  vein  or  lode  the  top  or 
apex  of  which  lies  within  such  excluded  ground,  un- 
less his  location  was  prior  to  May  10,  1872.  T'i^  right 
to  the  lode  claimed  terminates  where  the  lod  .^  in  its 
onward  course  or  strike,  intersects  the  exter  .u-  bound- 
ary of  such  excluded  giound  and  passes  vvtthln  it. 
The  end  line  of  his  survey  should  not,  therefore,  be 
established  beyond  oUch  intersection. 

8.  Where,  however,  the  lode  claim  for  which  sur- 
vey Is  bel!ig  made  was  located  prior  to  the  conflicting 
claim,  and  such  conflict  is  to  be  excluded,  in  order  to 
itiC'ude  all  ground  not  so  excluded  the  eiii  line  of 
the  survey  may  be  established  within  the  c<)nfl''"t?ng 
lode  clnim,  but  the  line  must  be  so  run  as  not  to  ex- 
tend any  farther  into  such  conflicting  claim  than  may 
be  necessary  to  make  such  end  line  parallel  to  the 
other  end  line  and  at  the  same  time  embrace  the 
groimd  so  held  and  claimed.  The  useless  i)ra('tice  In 
such  cases  of  extending  both  the  side  lines  of  a  sur- 
vey into  the  conflicting  claim,  and  establishing  an  end 


m 


i  i.  I 


m 


r 


124 


MINERAL  LAND  LAWS 


line  wholly  within  it,  beyond  a  point  necessary  under 
the  rule  just  slated,  will  be  discontinued. 


DESCRIPTION  OF  CLAIM  AND  ACTS  NECESSARY 
IN  ORDER  TO   HOLD  THE   SAME-LOCAL 
RULES   AND   REGULATIONS.     . 

Sec.  2324,  R.  S.  The  miners  of  each  mining  district 
may  make  regulations  not  in  conflict  with  the  laws  of 
the  United  States,  or  with  the  laws  of  the  State  or 
Territory  in  which  the  district  is  situated,  governing 
tile  location,  manner  of  recording,  amount  of  work 
necessary  to  hold  possession  of  a  mining  claim,  sub- 
ject to  the  following  requirements:  The  location  must 
be  distinctly  marked  pn  the  ground  so  that  its  bound- 
aries can  be  readily  traced.  All  records  of  mining 
claims  hereafter  made  shall  contain  the  name  or 
names  of  the  locators,  the  date  of  the  location,  and 
suci  «»  description  of  the  claim  or  claims  located  by 
refert.  ^e  to  some  natural  object  or  permanent  monu- 
ment as  will  identify  the  claim.  On  each  claim  located 
after  the  tenth  day  of  May,  eighteen  hundred  and 
seventy-two,  and  until  a  patent  has  been  issued  there- 
for, not  less  than  one  hundred  dollars'  worth  of  labor 
shall  be  performed  or  improvements  made  during  each 
year.  On  all  claims  located  prior  to  the  tenth  day  of 
May,  eighteen  hundred  and  seventy -two,  ten  dollars' 
worth  of  labor  shall  be  performed  or  improvements 
made  by  the  tenth  day  of  June,  eighteen  hundred  and 
seventy-four,  and  each  year  thereafter,  for  each  one 
hundred  feet  in  length  along  the  vein  until  a  patent 
has  been  issued  therefor;  but  where  such  claims  are 
held  in  common,  such  expenditure  may  be  made  upon 
any  one  claim;  and  upon  a  failure  to  comply  with 
these  conditions,  the  claim  or  mine  upon  which  such 
failure  occurred  shall  be  open  to  relocation  in  the 
same  manner  as  if  no  location  of  the  same  had  ever 
been  made,  provided  that  the  original  locators,  their 
heirs,  assigns,  or  lega^  representatives,  have  not  re- 
sumed work  upon  tht  claim  c  fter  failure  and  before 
such  location.  Upon  che  failure  of  any  one  of  several 
oo-owners   to   contribute   his    proportion    of    the    ex- 


■Kl 


^': 


OF   THE   UNITED   STATES. 


125 


penditures  required  hereby,  the  co-owners  who  have 
performed  the  labor  or  made  the  improvements  may, 
at  the  expiration  of  the  year,  give  such  delinquent  co- 
owner  personal  notice  in  writing  or  notice  by  publica- 
tion in  the  newspaper  published  nearest  the  claim, 
for  at  least  once  a  week  for  ninety  days,  and  if  at  the 
expiration  of  ninety  days  after  such  notice  in  writing 
or  by  publication  such  delinquent  should  fail  or  refuse 
to  contribute  his  proportion  of  the  expenditure  re- 
quired by  this  section,  his  interest  in  the  claim  shall 
become  the  property  of  his  co-owners  who  have  made 
the  required  expenditures. 


Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  United  States  of  America  in  Congress 
assembled.  That  the  provisions  of  the  tifth  section 
of  the  act  entitled  "An  act  to  promote  the  develop- 
ment of  the  mining  resources  of  the  United  States," 
passed  May  tenth,  eighteen  hundred  and  se'  nty-two, 
which  requires  expenditures  of  labor  and  improve- 
ments on  claims  located  prior  to  the  passage  of  said 
act,  are  hereby  so  amended  that  the  time  for  the  lirst 
annual  expenditure  on  claims  located  prior  to  the 
passage  of  said  act  shall  be  extended  to  the  first  day 
of  January,  eighteen  hundred  and  seventy-five.  (Act 
June  6,   1874,  18  Stat.,  61.) 

That  section  twtMity-three  hundred  and  twenty-four 
of  the  Revised  Statutes  of  the  United  States  be 
amended  by  adding  the  following  words:  "Provided, 
That  the  period  within  which  <lie  work  reciuired  to  be 
done  annually  on  all  unpatented  mineral  claims  shall 
commence  on  the  first  day  of  January  succeeding  the 
date  of  location  of  such  claim,  and  this  section  shall 
apply  to  all  claims  located  since  the  tenth  day  of  May, 
anno  Domini  eighteen  hundred  and  seventy-two.'' 
(Act  January  22,  1880,  21  Stat.,  61.) 


Sec.  2327,  R.  S.  The  description  of  vein  or  lode  claims, 
upon  surveyed  lands,  shall  designate  the  location  of 
the  claim  with  reference  to  the  lines  of  the  public  sur- 
veys, but  need  not  conform  theiewltli ;  but  where  a 
I>atent  shall  be  issued  for  flaiins  nj)on  unsnrveyed 
lands,  the  surveyor-general,  in  extending  the  surveys, 
shall  a<l.iust  the  same  to  the  lionndarles  of  such  pat- 
ented claim,  according  to  the  plat  or  description  there- 


i      i 

!        i' 


126 


MIMCRAL   LAND   LAWS 


of,   but  Ho  as  in  no  case  to  interfere  with  or  change 
the  location  of  any  such  patented  claim. 


REGULATIONS. 

!).  Locators  can  not  exercise  too  much  care  in  de- 
fining their  locations  at  the  outset,  inasmuch  as  the 
law  requires  that  all  records  of  mining  locations  made 
subsequent  to  May  10,  1872,  shall  contain  the  name  or 
names  of  the  locators,  the  date  of  the  location,  and 
such  a  description  of  the  claim  or  claims  located,  by 
reference  to  some  natural  object  or  permanent  monu- 
ment, as  will  identify  the  claim. 

10.  No  lode  claim  shall  be  located  until  after  the 
discovery  of  a  vein  or  lode  within  the  limits  of  the 
claim,  the  object  of  which  provision  is  evidently  to 
prevent  the  appropriation  of  presumed  mineral  ground 
for  speculative  purposes  to  the  exclusion  of  bona  fide 
prospectors,  before  sufficient  work  has  been  done  to 
determine  whether  a  vein  or  lode  really  exists. 

11.  The  claimant  should,  therefore,  prior  to  locating 
his  claim,  unless  the  vein  can  be  traced  upon  the 
surface,  sink  a  shaft,  or  run  a  tunnel  or  drift,  to  a 
sufficient  depth  therein  to  discover  and  develop  a  min- 
eral-bearing vein,  lode,  or  crevice;  should  determine, 
if  possil)le,  the  general  course  of  such  vein  In  cither 
direction  from  the  point  of  discovery,  by  which  direc- 
tion he  will  be  governed  in  marking  the  boundaries 
of  his  claim  on  the  surface.  His  location  notice  should 
give  the  course  and  distance  as  nearly  as  practicable 
from  the  discovery  shaft  on  the  claim  to  some  per- 
manent, well-known  points  or  ol)jects,  such,  for  in- 
stance, as  stone  monuments,  blazed  trees,  the  con- 
fluence of  streams,  point  of  intersection  of  well-known 
gulches,  ravines,  or  roads,  prominent  buttes,  hills, 
etc.,  which  may  be  in  tie  immediate  vicinity,  and 
which  will  serve  to  perpetuate  and  fix  the  locus  of  the 
claim  and  render  it  suscepi'ble  of  identillcation  from 
the  description  thereof  given  jm  the  record  of  locations 
In   the  district,  and  should   be   duly  recorded. 

12.  In  addition  to  the  foregoing  data,  tlie  claimant 
should  state  the  names  of  adjoining  claims,  or.  If  none 
adjoin,  the  iclatlve  i)OsitloiiH  of  the  nearest  claims; 
should  drive  a  post  or  erect  a  monument    of  stones 


OF   THE   UNITED   STATES. 


127 


at  each  corner  of  his  surface  ground,  and  at  the 
point  of  discovery  or  discovery  shaft  should  fix  a 
post,  stake,  or  board,  upon  which  should  be  desig- 
nated the  name  of  the  lode,  the  name  or  names  of 
the  locators,  the  number  of  feet  claimed,  and  in  which 
direction  Irom  the  point  of  discovery;  it  being  essen- 
tial that  the  location  notice  filed  for  record,  in  addi- 
tion to  the  foregoing  description,  should  state  whether 
the  entire  claim  of  fifteen  hundred  feet  is  taken  on 
one  side  of  the  point  of  discovery,  or  whether  it  is 
partly  upon  one  and  partly  upon  the  other  side  there- 
of, and  in  the  latter  case,  how  many  feet  are  claimed 
upon  each   side  of  such  discovery   point. 

13.  The  location  notice  must  be  filed  for  record  in  all 
respects  as  required  by  the  State  or  Territorial  laws 
and  local  rules  and  regulations,  if  there  be  any. 

14.  In  order  to  hold  the  possessory  title  to  a  mining 
claim  located  prior  to  May  10,  1872,  and  for  which  a 
patent  has  not  been  issued,  the  law  requires  that  ten 
'^.ollr.rs  shall  be  expended  annually  in  labor  or  im- 
provements on  each  claim  of  one  hundred  feet  on  the 
course  of  the  vein  or  lode  until  a  patent  shall  have 
been  issued  therefor;  but  where  a  number  of  such 
claims  are  held  in  common  upon  the  same  vein  or 
lode,  the  aggregate  expenditure  that  would  be  neces- 
sary to  hold  all  the  claims,  at  the  rate  of  ten  dollars 
per  hundred  fe(;t  inay  be  made  upon  any  one  claim. 
The  first  annual  expenditure  upon  claims  of  this  class 
should  have  been  loerformed  sul)sequent  to  May  10, 
1872,  and  prior  to  January  1,  1875.  Prom  and  after  Jan- 
uary 1,  1875,  the  required  amount  must  be  expended 
annually   until   patent   issues. 

15.  In  order  to  hold  the  possessory  right  to  a  loca- 
tion made  since  May  10,  1872,  not  less  than  one  hundred 
dollars'  worth  of  labor  must  be  performed  or  im- 
lirovements  made  thereon  annually  until  entry  shall 
have  been  made.  ITnder  the  provisions  of  the  act  of 
Congress  approved  January  22,  1880,  the  first  annual 
expenditure  becomes  due  and  must  be  performed  dur- 
ing the  OHlendar  year  succretling  that  in  which  the 
location  was  made.  lOxpeiidilnre  made  or  labor  per- 
formed prior  to  the  first  day  of  January  succeeding 
tlie  date  of  location  Will  not  be  considered  as  a  part 
of  or  applitHJ  upon  the  first  annual  rxpendilurc  rc- 
(piired  by  law. 

IQ,    Failure  to  make  the  expenditure  or  perl'orm  the 


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128 


MINERAL   LAND   LAWS 


11 


labor  required  upon  a  location  made  before  or  since 
May  10,  1872,  will  subject  a  claim  to  relocation,  unless 
the  original  locator,  his  heirs,  assigns,  or  legal  repre- 
sentatives have  resumed  work  after  such  failure  and 
before  relocation, 

17.  Annual  expenditure  is  not  required  subsequent 
to  entry,  the  date  of  issuing  the  patent  certificate  being 
the  date  contemplated  by  statute.  . 

(Requirement  of  proof  of  expenditure  for  the  year  1894 
suspended  except  as  to  South  Dakota.    Act  of  Con- 
gress approved  July  18,  1894  (28  Stat.  L.,  114). 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  United  States  of  America  in  Congress 
assembled,  That  the  provisions  of  section  numbered 
twenty-three  hundred  and  twenty-four  of  the  Re- 
vised Statutes  of  the  United  States,  which  require  that 
on  each  claim  located  after  the  tenth  day  of  May, 
eighteen  hundred  and  seventy-two,  and  until  patent 
has  been  issued  therefor,  not  less  than  one  hundred 
dollars'  worth  of  labor  shall  be  performed  or  im- 
provements made  during  each  year,  be  suspended  for 
the  year  eighteen  hundred  and  ninety-four,  so  that 
no  mining  claim  which  has  been  regularly  located  and 
recorded  as  required  by  the  local  laws  and  mining 
regulations  shall  be  subject  to  forfeiture  for  nonper- 
formance of  the  annual  assessment  for  the  year 
eighteen  hundred  and  ninety-four:  Provided,  That  the 
claimant  or  claimants  of  any  mining  location,  in  order 
to  secure  the  benefits  of  this  act,  shall  cause  to  be  re- 
corded in  the  office  where  the  location  notice  or  cer- 
tificate is  filed,  on  or  before  December  thirty-first, 
eighteen  hundred  and  ninety-four,  a  notice  that  he  or 
they  in  good  faith  intend  to  hold  and  work  said  claim: 
Provided,  however,  That  the  provisions  of  this  act  shall 
not  apply  to  the  State  of  South  Dakota. 

Sec.  2.  That  this  act  shall  take  effect  from  and  after 
its  passage. 

(Money  expended  in  a  tunnel  considered  as  expended 

on  the  lode.    Act  of  Congress  approved  February 

11.    1875    (18    Stat.    I..,    210.) 

Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives of  the  United  Slates  of  America  in  Congress  as- 
semlOed,  Tiiat  section  twr>  thousand  three  hundred  and 
twenty-four  of  tlie  P,vised  StattJles,  l)e,  and  the  same 


OF    THE  UNITIOI)   STATES.  129 

is  hereby,  amended  so  that  where  a  person  or  company 
has  or  may  run  a  tunnel  for  the  purpose  of  developing 
a  lode  or  lodes,  owned  by  said  person  or  company,  the 
money  so  expended  In  said  tunnel  shall  be  taken  and 
considered  as  expended  on  said  lode  or  lodes,  whether 
located  prior  to  or  since  the  passage  of  said  act;  and 
such  person  or  company  shall  not  be  required  to  per- 
form work  on  the  surface  of  said  lode  or  lodes  in  order 
to  hold  the  same  as  required  by  said  act. 

REGULATION. 

18.  Upon  the  failure  --^  any  one  of  several  co-owners 
of  a  vein,  lode,  or  ledge,  which  has  not  been  entered,  to 
contribute  his  proportion  of  the  expenditures  necessary 
to  hold  the  claim  or  claims  so  held  in  ownership  in 
common,  the  co-owners,  who  have  performed  the  labor 
or  made  the  improvements  as  required  by  said  Revised 
Statutes,  may,  at  the  expiration  of  the  year,  give  such 
delinquent  co-owner  personal  notice  in  writing,  or 
notice  by  publication  in  the  newspaper  published  near- 
est the  claim  for  at  least  once  a  week  for  ninety  days; 
and  if  upon  the  expiration  of  ninety  days  after  such 
notice  in  writing,  or  upon  the  expiration  of  one  hun- 
dred and  eighty  days  after  the  first  newspaper  publi- 
cation of  notice,  the  delinquent  co-owner  shall  have  Mj 
failed  to  contribute  his  proportion  to  meet  such  ex- 
penditures  or  improvements,  his  interest  in  the  claim 
by  law  passes  to  his  co-owners  who  have  made  the 
expenditures  or  improvements  as  aforesaUl.  Where  a 
claimant  alleges  ownership  of  a  forfeited  interest  un- 
der the  foregoing  provision,  the  sworn  statement  of 
the  publisher  as  to  the  facts  of  publication,  giving 
dates  and  a  printed  copy  of  the  notice  published, 
should  be  furnished,  and  the  claimant  must  swear 
that  the  delinquent  co-owner  faile-'  to  contribute  his 
proper  proportion  within  the  por  ^d  fixed  by  the  stat- 
ute. 

TUNNELS. 

Sec.  2323,  R.  S.  Where  a  tunnel  Is  run  for  the  de- 
velopment of  a  vein  or  lode,  or  for  the  discovery  of 
mines,  the  owners  of  such  tunuv^l  shall  have  the  right 
of  possession  of  all  veins  or  lodes  within  three  thou- 
sand feet  from  the  face  of  sucli  tunnel  on  the  line 
thereof,  not  previously  known  to  exist,  discovered  In 
such  tunnel,  to  the  same  extent  as  if  discovered  from 

8 


i 


130 


MINF-UAL   LAND   LAWS 


the  surface;  and  locations  on  the  line  of  such  tunnel 
of  veins  or  lodes  not  appearing  on  the  surface,  made 
by  other  parties  after  the  commencement  of  the  tunnel, 
and  while  the  same  is  beingr  prosecuted  with  reasonable 
diliprence,  shall  be  invalid;  but  failure  to  prosecute  the 
work  on  the  tunnel  for  six  months  shall  be  considered 
as  an  abandonment  of  the  right  to  all  undiscovered 
veins  on  the  line  of  such  tunnel. 

REGULATIONS. 

19.  The  effect  of  this  is  simply  to  give  the  proprietors 
of  a  mining  tunnel  run  in  good  faith  the  possessory 
right  to  fifteen  hundred  feet  of  any  blind  lodes  cut, 
discovered,  or  intersected  by  such  tunnel,  which  were 
not  previously  known  to  exist,  within  three  thousand 
feet  from  the  face  or  point  of  commencement  of  such 
tunnel,  and  to  prohibit  other  parties,  after  the  com- 
mencement of  the  tunnel,  from  prospecting  for  and 
making  locations  of  lodes  on  the  line  thereof  and  with- 
in said  distance  of  three  thousand  feet,  unless  such 
lodes  appear  upon  the  surface  or  were  previously 
known  to  exist. 

20.  The  term  "face,"  as  used  in  said  section,  is  con- 
strued and  held  to  mean  the  first  working  face  formed 
in  the  tunnel,  and  to  signify  the  point  at  which  the 
tunnel  actually  enters  cover;  it  being  from  this  point 
that  the  three  thousand  feet  are  to  be  counted  upon 
which  prospecting  is  prohibited  as  aforesaid. 

21.  To  avail  themselves  of  the  benefits  of  this  provis- 
ion of  law,  the  proprietors  of  a  mining  tunnel  will 
be  required,  at  the  time  they  enter  cover  as  aforesaid, 
to  give  proper  notict  of  their  tunnel  location  by  erect- 
ing a  substantial  post,  board,  or  monument  at  the 
face  or  point  of  commencement  thereof,  upon  which 
should  be  posted  a  good  and  sufficient  notice,  giving  the 
names  of  the  parties  or  company  claiming  the  tunnel 
right;  the  actual  or  proposed  course  or  direction  of  the 
tunnel;  the  height  and  width  ..lereof,  and  the  course 
and  distance  from  such  face  or  point  of  commence- 
ment to  some  permanent  well-known  objects  m  the 
vicinity  by  which  to  fix  and  determine  the  locus  in 
manner  heretofore  set  forth  applicable  to  locations  of 
veins  or  lodes,  and  at  the  time  of  posting  such  notice 
they  shall,  in  order  that  miners  or  prospectors  may 
be  enabled  to  determine  whether  or  not  they  are  with- 
in the  lines  of  the  tunnel,  establish  the  boundary 
lines  thereof,   by  stakes   or  monuments  placed   along 


OF   TlIK   UNITKD   STATES. 


131 


such  lines  at  proper  intervals,  to  the  terminus  of  the 
three  thousand  feet  from  the  face  or  point  of  com- 
r.xencement  of  the  tunnel,  and  the  lines  so  marked  will 
define  and  gov  rn  as  to  the  specific  boundaries  within 
which  prospecting  for  lodes  not  previously  known  to 
exist  is  prohibited  while  work  on  the  tunnel  is  being 
prosecuted  with  reasonable  diligence. 

22.  At  the  time  of  posting  notice  and  marking  out 
the  lines  of  the  tunnel  as  aforesaid,  a  full  and  correct 
copy  of  such  notice  of  location  defining  the  tunnel 
claim  must  be  filed  for  record  with  the  mining  recorder 
of  the  district,  to  which  notice  must  be  attached  the 
sworn  statement  or  declaration  of  the  owners,  claim- 
ants, or  projectors  of  such  tunnel,  setting  forth  the 
facts  in  the  case;  stating  the  amount  expended  by 
themselves  and  their  predecessors  in  interest  in  pros- 
ecuting work  thereon;  the  extent  of  the  work  per- 
formed, and  that  it  is  bona  fide  their  intention  to 
prosecute  work  on  the  tunnel  so  located  and  described 
with  reasonable  diligence  for  the  development  of  a  vein 
or  lode,  or  for  the  discovery  of  mines,  or  both,  as  the 
case  may  be.  This  notice  of  location  must  be  duly  re- 
corded, and,  with  the  said  sworn  statement  attached, 
kept  on  the  recorder's  files  for  future  reference. 

23.  By  a  compliance  with  the  foregoing  much  leed- 
less  difficulty  will  be  avoided,  and  the  way  for  the 
adjustment  of  legal  rights  acquired  in  virtn.fe  of  said 
Section  2323  will  be  made  much  more  easy  and  cer- 
tj,in. 

24.  This  office  will  take  particular  care  that  no  im- 
proper advantage  is  taken  of  this  provision  of  law  by 
parties  making  or  pro^ssing  to  make  tunnel  locations, 
ostensibly  for  the  purposes  named  in  the  statute,  but 
really  for  the  purpose  of  monopolizing  the  lands  lying 
in  front  of  their  tunnels  to  the  detriment  of  the  min- 
ing interests  and  to  the  exclusion  of  bona  fide  pros- 
pectors and  miners,  but  will  hold  such  tunnel  claim- 
ants to  a  strict  compliance  with  the  terms  of  the 
statutes;  and  a  reasonable  diligence  on  their  part  in 
prosecuting  the  work  is  one  of  the  essential  conditions 
of  their  implied  contract.  Negligence  or  want  of  due 
diligence  will  be  construed  as  working  a  forfeiture  of 
their  right  to  all  undiscovered  veins  on  the  line  of  such 
tunnel. 


1^ 


132 


MINERAL  LAND  LAWS 
PLACERS. 


1 

'  1  1 ' '' 

1   1^ 

r 

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1 

'  W 

■  ■' 

1 

Sec.  2329,  R.  S.  Claims  usually  called  "placers,"  in- 
cluding all  forms  of  deposit,  excepting  veins  of  quartz, 
or  other  rock  in  place,  shall  be  subject  to  entry  and 
patent,  under  like  circumstances  and  conditions,  and 
upon  similar  proceedings,  as  are  provided  for  vein  or 
lode  claims;  but  where  the  lands  have  been  previously 
surveyed  by  the  United  States,  the  entry  in  its  exterior 
limits  shall  conform  to  the  legal  subdivisions  of  the 
public  lands. 

Sec.  2330,  R.  S.  Legal  subdivisions  of  forty  acres  may 
be  subdivided  into  ten-acre  tracts;  and  two  or  more 
persons,  or  associations  of  persons,  having  contiguous 
claims  of  any  size,  although  such  claims  may  be  less 
than  ten  acres  each,  may  make  joint  entry  thereof; 
but  no  location  of  a  placer  claim,  made  after  the  ninth 
day  of  July,  eighteen  hundred  and  seventy,  shall  ex- 
ceed one  hundred  and  sixty  acres  for  any  one  person 
or  association  of  persons,  which  location  shall  con- 
form to  the  United  States  surveys;  and  nothing  in  this 
section  contained  shall  defeat  or  impair  any  bona  fide 
pre-emption  or  homestead  claim  upon  agricultural 
lands,  or  authorize  the  sale  of  the  improvements  of  any 
bona  fide  settler  to  any  purchaser. 

Sec.  2331,  R,  S,  Where  placer  claims  are  upon  surveyed 
lands,  and  conform  to  legal  subdivisions,  no  further 
survey  or  plat  shall  be  required,  and  all  placer-mining 
claims  located  after  the  tentlf  day  of  May,  eighteen 
hundred  and  seventy-two,  shall  conform  as  near  as 
practicable  with  the  United  States  system  of  public- 
land  surveys,  and  the  rectangular  subdivisions  of  such 
surveys,  and  no  such  location  shall  include  more  than 
twenty  acres  for  each  individual  claimant;  but  where 
placer  claims  can  not  be  conformed  to  legal  subdi- 
visions, survey  and  plat  shall  be  made  as  on  unsur- 
veyed  lands;  and  where  by  the  segregation  of  mineral 
lands  in  any  legal  subdivision  a  quantity  of  agricul- 
tural land  less  thr  n  forty  acre.s  remains,  such  frac- 
tional portion  of  agricultural  land  may  be  entered  by 
any  party  qualified  by  law,  for  homestead  or  pre- 
emption purposes. 


OF   THE  UNITED  STATES. 
REGULATION. 


188 


25.  But  one  discovery  of  mineral  is  rttiuired  to  sup- 
port a  placer  location,  whetlier  it  be  of  twenty  acres 
by  an  individual,  or  of  one  liundred  and  sixty  acres  or 
less  by  an  association  of  persons. 

BUILDING  STONE. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  United  States  of  America  in  Con- 
gress assembled,  That  any  person  authorized  to  enter 
lands  under  the  mining  laws  of  the  United  States  may 
enter  lands  that  are  chiefly  valuable  for  building  stone 
under  the  provisions  of  the  law  in  relation  to  placer- 
mineral  claims:  Provided,  That  lands  reserved  for  the 
benefit  of  the  public  schools  or  donated  to  any  State 
shall  not  be  subject  to  entry  under  this  act.  (Act  Aug. 
4,  1892,  27  Stat.,  348.) 

26.  This  act  extends  the  mineral-land  laws  so  as  to 
bring  lands  chiefly  valuable  for  building  stone  within 
the  provisions  oi  said  law  by  authorizing  a  placer  en- 
try of  such  lands.  It  does  not  operate,  however,  to 
withdraw  lands  chiefly  valuable  for  building  stone 
from  entry  under  any  existing  law  applicable  thereto. 
Registers  and  receiver^}  should  therefore  make  a  refer- 
ence to  said  ace  on  the  entry  papers  in  the  case  of  all 
placer  entries  made  for  lands  containing  stone  chiefly 
valuable  for  building  purposes.  It  will  be  noted  that 
lands  reserved  for  the  benefit  of  public  schools  or 
donated  to  any  State  are  not  subject  to  entry  under 
said  act.  * 

PETROLEUM  AND  OTHER  MINERAL  OILS. 

Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives of  the  United  States  of  America  in  Congress 
assembled,  That  any  person  authorized  to  enter  lands 
under  the  mining  laws  of  the  United  States  may  enter 
and  obtain  patent  to  lands  containing  petroleum  or 
other  mineral  oils,  and  chiefly  valuable  therefor,  under 
the  provisions  of  the  laws  relating  to  placer  mineral 
claims:  Provided,  That  lands  containing  such  petro- 
leum or  other  mineral  oils  which  have  heretofore  been 
filed  upon,  claimed,  or  improved  as  mineral,  but  not  yet 


T 


134 


MINERAL   LAND   LAWS 


patented,  may  be  held  and  patented  under  the  pro- 
visions of  this  act  the  same  as  if  such  lilinK,  claim,  or 
improvement  were  subsequent  to  the  date  of  the 
passage  hereof.    (Act  Feb.  11,  1807,  liU  Stat.,  526.) 


REGULATIONS. 


;.! 


il' 


27.  It  Is  to  be  observed  that  the  provisions  of  the 
mineral  laws  relating  to  placers  are  by  said  act  ex- 
tended so  as  to  allow  the  location  and  entry  thereun- 
der of  public  lands  chiefly  valuable  for  petroleum  or 
other  mineral  oils,  and  entries  of  that  nature  made 
prior  to  the  passage  of  said  act  are  to  be  considered 
as  though  made  thereunder. 

28.  By  Section  2330  authority  is  given  for  the  sub- 
division of  forty-acre  legal  subdivisions  into  ten-acre 
lots,  which  is  intended  for  the  greater  convenience  of 
miners  in  segregating  their  claims  both  from  one  an- 
other and  from  intervening  agricultural  lands. 

29.  It  is  held,  therefore,  that  under  a  proper  con- 
struction of  the  law  these  ten-acre  lots  in  mining  dis- 
tricts should  be  considered  and  d'^alt  with,  to  all  in- 
tents and  purposes,  as  legal  subdivisions,  and  that  an 
applicant  having  a  legal  claim  which  conforms  to  one 
or  more  of  these  ten-acre  lots,  either  adjoining  or 
cornering,  may  make  entry  thereof,  after  the  usual 
proceedings,  without  further  survey  or  plat. 

30.  In  cases  of  this  kind,  however,  the  notice  given 
of  the  application  must  be  very  specific  and  accurate 
in  description,  and  as  the  forty-acre  tracts  may  be  sub- 
divided into  ten-acre  lots,  either  in  the  form  of  squares 
of  ten  by  ten  chains,  or,  if  parallelograms,  tive  by 
twenty  chains,  so  long  as  the  lines  are  pax'allel  and  at 
right  angles  with  the  lines  of  the  public  surveys,  it  will 
be  necessary  that  the  notice  and  application  state 
specifically  what  ten-acre  lots  are  sought  to  be  pat- 
ented in  addition  to  the  other  data  required  in  the 
notice. 

31.  Where  the  ten-acre  subdivision  is  in  the  form  of  a 
square  it  may  be  described,  for  instance,  as  the  "SE. 
y*  of  the  SW.  %  of  NW.  14,"  or,  if  in   the  form  of  a 


OF   THE  UNITED   STATES. 


t» 


paralk'l  ipram  as  aforesaid,  it  may  bo  described  as  the 
"VV\  V-2  of  the  VV.  Vj  of  the  SVV.  Vi  of  the  NW.  M  (or  tl-- 
N.  i/o  of  the  S.  i/a  of  the  NE.  M  of  the  SE.  Vi)  of  sec- 
tion   ,   township   ,   ranp:e ,"   as   the  case 

may  be;  but,  in  addition  to  this  description  of  tlie 
land,  the  notice  must  give  all  the  other  data  that  is  re- 
nuired  in  a  mineral  application,  by  which  parties  may 
be  put  on  inquiry  as  to  the  premises  sought  to  be  pat- 
ented. The  proofs  submitted  with  applications  for 
claims  of  this  kind  must  show  clearly  the  character 
and  the  extent  of  the  improvements  upon  the  prem- 
ises. 

The  proof  of  improvements  must  show  their  value 
to  be  not  less  than  five  hundred  dollars  and  that  they 
were  made  by  the  applicant  for  patent  or  his  grantors. 
The  annual  expenditure  to  the  amount  of  $100,  re- 
quired by  Section  2324,  Revised  Statutes,  must  be  made 
i:\jon  placer  claims  as  well  as  lode  claims. 

32.  Applicants  for  patent  to  a  placer  claim,  who  are 
also  in  possession  of  a  known  vein  or  lode  included 
therein,  must  state  in  their  application  that  the  placer 
includes  such  vein  or  lode.  The  published  and  posted 
notices  must  also  include  such  statement.  If  veins  or 
lodes  lying  within  a  placer  location  are  owned  by  other 
parties,  the  fact  should  be  distinctly  stated  in  the  ap- 
plication for  patent,  and  in  all  the  notices.  But  in  all 
cases  whether  the  lode  is  claimed  or  excluded,  it  must 
be  surveyed  and  marked  upon  the  plat;  the  field  notes 
and  plat  giving  the  area  of  the  lode  claim  or  claims 
and  the  area  of  the  placer  separately.  It  should  be  re- 
membered that  an  application  which  omits  to  include 
an  application  for  a  known  vein  or  lode  therein,  must 
be  construed  as  a  conclusive  declaration  that  the  ap- 
plicant has  no  right  of  possession  to  the  vein  or  lode. 
Where  there  is  no  known  lode  or  vein,  the  fact  must 
appear  by  the  affidavit  of  two  or  more  witnesses. 

33.  By  Section  2330  it  is  declared  that  no  location  of 
a  placer  claim,  made  after  July  9,  1870,  shall  exceed  one 
hundred  and  sixty  acres  for  any  one  person  or  asso- 
ciation of  persons,  which  location  shall  conform  to 
the  United  States  surveys, 

34.  Section  2331  provides  ihat  all  placer-mining  claims 
located  after  May  10,  1872,  shall  conform  as  nearly  as 
practicable  with  the  United  States  systems  of  public 
surveys  and  tue  subdivisions  of  yuch  surveys,  and  no 


5 


,  I 


1i 


'■  i'l 

■    f 
I    ! 


I 


136 


MINERAL  LAND  LAWS 


such  locations  shall  'nclude  more  than  twenty  acres  for 
each  individual  claimant. 

35.  The  foregoing  provisions  of  law  are  construed 
to  mean  that  after  the  9th  day  of  July,  1870,  no  location 
of  a  placer  claim  can  be  made  to  exceed  one  hundred 
and  sixty  acres,  whatever  may  be  th^  number  of 
locators  associated  together,  or  whatever  the  local 
regulations  of  the  district  may  allow;  and  that  from 
and  after  May  10,  1872,  no  location  can  exceed  twenty 
acres  for  each  individual  participating  therein;  that 
is,  a  location  by  two  persons  can  not  exceed  forty 
acres,  and  one  by  three  persons  can  not  exceed  sixty 
acres, 

36.  The  regulations  hereinbefore  given  as  to  the  man- 
ner of  marking  locations  on  the  ground,  and  placing 
the  same  on  record,  must  be  observed  in  the  case  of 
placer  locations  so  far  as  the  same  are  applicable,  the 
law  requiring,  however,  that  where  placer  claims  are 
u^'On  surveyed*  public  lands  the  locations  must  here- 
after be  made  to  conform  to  legal  subdivisions  thereof 
as  near  as  practicable. 

PROCEDURE  TO  OBTAIN  PATENT  TO  MINERAL 

LANDS. 

Sec,  2325,  R.  S.  .A.  patent  for  any  land  claimed  and 
located  for  valuable  deposits  may  be  obtained  in  the 
following  manner:  Any  person,  association,  or  cor- 
poration authorized  to  locate  a  claim  under  this  chap- 
ter, having  claimed  and  located  a  piece  of  land  for  such 
purposes,  who  has.  or  have,  complied  with  the  terms 
of  this  chapter,  may  file  in  the  proper  land  office  an  ap- 
plication for  a  patent,  under  oath,  showing  such  com- 
pliance, together  with  a  plat  and  field  notes  of  the 
claim  or  claims  in  common,  made  by  or  under  the  di- 
rection of  the  United  States  surveyor-general,  showing 
accurately  the  boundaries  of  the  claim  or  claims,  which 
shall  be  distinctly  marked  by  monuments  on  the 
ground,  and  shall  post  a  copy  of  such  plat,  together 
with  a  notice  of  such  appl'c'ation  for  a  patent,  in  a 
consplciious  place  on  the  land  embraced  in  such  plat 
previous  to  the  tiling  of  the  application  for  a  patent, 
and  shall  file  an  affidavit  of  at  'east  two  persons  that 
such  notice  has  been  duly  po;-  ed,  and  shall  file  a 
copy  of  the  notice  In  such  Ip.nci  «'^ce,  and  shall  there- 


TT 


OF    THE  UiN.lTED   STATES. 


liF 


upon  be  entitled  to  a  patent  for  the  land,  in  the  man- 
ner following:  The  "egister  of  the  land  ottiee,  upon 
the  filing  of  such  application,  plat,  Held  notes,  notice? 
and  aflidavits,  shall  publish  a  notice  that  such  ap- 
plication has  been  made,  for  the  period  of  sixty  days, 
in  a  newspaper  to  be  by  him  designated  as  published 
nearest  to  such  claim;  and  he  shall  also  post  s:ich 
notice  in  his  office  for  the  same  period.  The  claimant 
at  tht  time  of  filin^r  this  application,  or  at  any  time 
thereafter,  within  the  sixty  days  of  publication,  shall 
file  with  the  register  a  certificate  of  the  United  States 
surveyor  general  that  five  hundred  dollars'  worth  of 
labor  has  been  expended  or  improvements  made  upon 
the  claim  by  himself  or  grantors;  that  the  plat  is  cor- 
rect, with  .such  further  description  by  such  referr"-.ce 
to  natural  otjjects  or  permanent  monunr^nts  as  s.-dll 
identify  the  claim,  and  furnish  an  accurate  description, 
to  be  incorporated  in  the  patent.  At  the  expiration  of 
the  sixty  days  of  publication  the  claimant  shall  file 
his  affidavit,  showing  thot  the  plat  and  notice  have 
been  posted  In  a  conspicuous  place  on  the  claim  dur- 
ing such  period  of  publication.  If  no  adverse  claim 
.shall  have  been  filed  with  the  register  and  the  receiver 
of  the  proper  land  office  at  tbe  expiration  of  the  sixty 
days  of  publication,  it  shall  be  assumed  that  the  ap- 
plicant is  entitled  to  a  patent,  upon  the  payment  to 
the  proper  officer  of  five  dollars  per  acre,  and  that 
no  adverse  claim  exists;  and  thereafter  no  objection 
from  third  parties  to  the  issuance  of  a  patent  shall 
be  heard,  except  it  be  shown  that  the  applicant  has 
failed  to  comply  with  the  term.s  of  this  chapter. 

(Application  for  patent  may    be  made  by   authorized 
agent.) 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  United  States  of  America  in  Congress 
assembled.  That  section  twenty-three  hundred  and 
twenty-five  of  the  Revised  Statutes  of  the  United 
States  be  amended  by  adding  thereto  the  following 
words:  "Provided,  That  where  the  claimant  for  a  pat- 
ent Is  not  a  resident  of  or  within  the  land  district 
wherein  the  vein,  lode,  ledge,  or  deposit  sought  to  he 
patented  Is  located,  the  application  for  pat^  nt  an.i  the 
affidavits  required  to  be  made  in  this  se  tlon  by  the 
claimant  for  such  patent  may  be  made  by  nis.  her,  or 
its  authorized  agent,   where  said  agent   Is  conveisant 


li  I 


;    , 


n 


i\ 


^ 


138 


MINERAL  LAND  LAWS 


with  the  facts  sought  to  be  established  by  said  affida- 
vits: And  provided,  That  this  section  shall  apply  to 
ciii  applications  now  pending  for  patents  to  mineral 
lands."  Sec.  1.  Act  Congress  approved  January  22, 
1880  (21  Stat.  L.,  61.) 

Sec.  2328,  R.  S.  Applications  for  patents  for  mining 
claims  under  former  laws  now  pending  may  be  prose- 
cuted to  a  final  decision  in  the  General  Land  Office;  but 
in  such  cases  where  adverse  rights  are  not  affected 
thereby,  patents  may  issuv^  in  pursuance  of  the  provi- 
sions of  this  chapter;  and  all  patents  for  mining  claims 
upon  veins  or  lodes  heretofore  issued  shall  convey  all 
the  rights  and  privileges  conferred  by  this  chapter 
where  no  adverse  rights  existed  on  the  tenth  day  of 
May,  eighteen  hundred  and  seventy-two. 

REGULATIONS. 

37.  As  a  condition  for  the  making  of  application  for 
patent  according  to  section  2325,  there  must  be  a  pre- 
liminary showing  of  work  or  expenditure  upon  each 
location,  either  by  showing  the  full  amount  sufficient 
to  the  maintenance  of  possession  under  Section  2324 
for  the  pending  year;  or,  if  there  has  been  failure,  it 
should  be  shown  that  work  has  been  resumed  so  as 
to  prevent  relocation  by  adverse  parties  after  abandon- 
ment. 

The  "pending  year"  means  the  calendar  year  in 
which  applics-tion  is  made,  and  has  no  reference  to  a 
showing  of  work  at  date  of  the  final  entry. 

^3.  This  preliminary  showing  may.  where  the  mat- 
ter is  unquestioned,  consist  of  the  affidavit  of  two  or 
more  witnesses  familiar  with  the  facts. 


LODE  CLAIM. 

39.  The  claimant  Is  required,  in  the  first  place,  to 
have  a  correct  survey  of  his  claim  made  under  author- 
ity of  the  surveyor-general  of  the  State  or  Territory 
in  which  the  claim  lies,  such  survey  to  show  with  ac- 
curacy the  exterior  surface  boundaries  of  the  claim, 
which  boundaries  are  required  to  be  distinctly  marked 
by  monuments  on  the  ground.  Four  plats  and  one  copy 
of  the  original  field  notes  in  each  case  will  be  pre- 
pared   by    the    surveyor-general;     one    plat    and    the 


■^"^ 


w 


OF   THE  UNITED   STATES. 


m 


original  field  notes  to  be  retained  in  the  offlce  of  the 
Kurveyor-general,  one  copy  of  the  plat  to  be  given  the 
claimant  lor  posting  upon  tlie  claim,  one  plat  and  a 
coi-y  of  the  held  notes  to  be  given  the  claimant  for 
filing  with  the  proper  register,  to  be  finally  transnnt- 
ted  by  that  officer,  with  other  papers  in  the  case,  to 
this  office,  and  one  plat  to  be  sent  by  the  surveyor- 
general  to  the  register  of  the  proper  land  district,  to  be 
retained  on  his  files  for  future  reference.  As  there 
is  no  resident  surveyor-general  for  the  State  of  Arkan- 
sas, applications  for  the  survey  of  mineral  claims 
in  said  State  should  be  made  to  the  Commissioner  of 
this  office,  who,  under  the  law,  is  ex  officio  the  United 
States  surveyor-general. 

40.  The  survey  and  plat  of  mineral  claims  required  to 
be  filed  in  the  proper  land  offlce  with  application  for 
patent  must  be  made  subsequent  to  the  recording  of 
the  location  of  the  mine;  and  when  the  original  loca- 
tion is  made  by  survey  of  a  United  States  deputy  sur- 
veyor such  location  survey  can  not  be  substituted  for 
that  required  by  the  statute,  as  above  indicated. 

.     DIRECTIONS  FOR  PREPARING  PLAT. 

41.  The  surveyors-general  should  designate  all  sur- 
veyed mineral  claims  by  a  progressive  series  of  num- 
bers, beginning  with  survey  No.  37,  irrespective  as  to 
whether  they  are  situated  on  surveyed  or  unsurveyed 
lands,  the  claim  to  be  so  designated  at  date  of  issuing 
the  order  therefor,  in  addition  to  the  local  designation 
of  the  claim;  it  being  required  in  all  cases  that  the 
plat  and  field  notes  of  the  survey  of  a  claim  must,  in 
addition  to  the  reference  to  permanent  objects  in  the 
neighborhood,  describe  the  locus  of  the  claim,  with 
reference  to  the  lines  of  public  surveys,  by  a  line  con- 
necting a  corner  of  the  claim  with  the  nearest  public 
corner  of  the  United  States  surveys,  unless  such 
claim  bo  on  unsurveyed  lands  at  a  distance  of  more 
than  two  miles  from  such  public  corner,  in  which  lat- 
ter case  it  should  be  connected  with  a  United  States 
mineral  monument.  Such  connecting  line  must  not  be 
more  than  two  miles  in  length  and  should  be  meas- 
ured on  the  ground  direct  between  the  points,  or  cal- 
culated from  actually  surveyed  traverse  lines  if  the 
nature  of  the  country  should  not  permit  direct  meas- 
urement. If  a  regularly  established  survey  corner  is 
within  two  miles  of  a  claim  situated  on  unsurveyed 


i  r^ 


■9P" 


140  MINEUAL  LAND  LAWS 

lands  the  connection  should  be  made  with  such  corner 
in  prefere  'e  to  a  connection  witli  o  United  States 
mineral  monument.  The  connecting  line  must  be  sur- 
veyed by  the  deputy  mineral  surveyor  at  the  time  of 
his  making-  the  particular  survey  and  be  made  a  part 
thereof. 

42.  Upon  the  approval  of  the  survey  of  a  mining 
claim  made  upon  surveyed  lands  the  surveyor-general 
will  prepare  and  transmit  to  the  local  land  office  and 
to  this  office  a  diagram  tracing  showing  the  portions 
of  legal  40-acre  subdivisions  made  fractional  by  reason 
of  the  mineral  survey,  designating  each  of  such  por- 
tions by  the  proper  lot  number,  beginning  with  No.  1 
in  each  section,  and  giving  the  area  of  each  lot. 

43.  The  following-  particulars  should  be  observed  in 
the  survey  of  every  mining  claim: 

(1)  The  exterior  boundaries  of  the  claim  should  be 
represented  on  the  plat  of  survey  and  in  the  field  notes. 

(2)  The  intersection  of  the  lines  of  the  survey  with 
the  lines  of  conflicting  prior  surveys  should  be  noted 
in   the  field  notes  and  represented  upon   the  plat. 

(3)  Conflicts  with  unsurveyed  claims,  where  the  ap- 
plicant for  survey  does  not  claim  the  area  in  conflict, 
should  be  shown  by  actual  survey. 

(4)  The  total  area  of  the  claim  embraced  by  the  ex- 
terior boundaries  should  be  stated,  and  also  the  area 
in  conflict  wUh  each  intersecting  survey,  substantially 
as  follows: 

Acres. 

Total   area   of  claim 10.50 

Area  in  conflict  with  survey  No.  302 l.o'] 

Area  in  conflict  with  survey  No.  948 2.33 

Area  in  conflict  with  Mountain  Maid  lode  mining 
claim,  unsurveyed 1.48 

It  does  not  follow  that  because  mining  surveys  are 
required  to  exhibit  all  conflicts  with  prior  surveys  the 
areas  of  conflict  are  to  be  excluded.  The  field  notes 
and  plat  are  made  a  part  of  the  application  for  patent, 
and  care  should  be  taken  that  the  description  does  not 
inadvertently  exclude  portions  intended  to  be  retained. 
It  is  better  that  the  application  for  patent  should  state 
the  portions  to  be  excluded  in  express  terms. 

44.  The  claimant  is  then  required  to  post  a  copy  of 
the  plat  of  such  survey  in  a  conspicuous  place  upon  the 
claim,  together  with  notice  of  his  intention  to  apply  for 


MHI 


"■■■K-      :l 


rf 


OF   THE   UNITED   STATES.  141 

a  patent  therefor,  which  notice  will  give  the  date  of 
posting^,  the  name  of  the  claimant,  the  name  of  the 
claim;  the  mining  district  and  county;  whether  or  not 
the  location  is  of  record,  and,  if  so,  where  the  record 
may  be  found,  givi  the  book  and  page  thereof;  the 
number  of  feet  cla  med  along  the  vein  and  the  pre- 
sumed direction  thereof;  the  number  of  feet  claimed 
on  the  lode  in  each  direction  from  the  point  of  dis- 
covery or  other  well-detined  place  on  the  claim;  the 
names  of  all  adjoining  and  conflicting  claims,  or,  if 
none  exist,  the  notice  should  so  state.  » 

45.  After  posting  the  said  plat  and  notice  upon  the 
premises,  the  claimant  will  flle  with  the  proper  regis- 
ter and  receiver  a  copy  of  such  plat  and  the  fleld  notes 
of  survey  of  the  claim,  accompanied  by  the  afl^idavit  of 
at  least  two  credible  witnesses  that  such  plat  and 
notice  are  posted  conspicuously  upon  the  claim,  giv- 
ing the  date  and  place  of  such  posting;  a  copy  of  the 
notice  so  posted  to  be  attached  to  and  form  a  part  of 
said  affidavit.  The  plat  forwarded  as  part  of  the  proof 
should  not  be  folded,  but  rolled,  so  as  to  prevent  creas- 
ing, and  either  transmitted  in  a  separate  package  or 
so  enclosed  with  the  other  papers  that  it  may  pass 
through  the  mails  without  creasing  or  mutilation.  If 
forwarded  separately,  the  letter  transmitting  the  pa- 
pers should  state  the  fact. 

46.  Accompanying  the  fleld  notes  so  flled  must  be  the 
sworn  statement  of  the  claimant  that  he  has  the  pos- 
sessory right  to  the  premises  therein  described,  in  vir- 
tue of  a  compliance  by  himself  (and  by  his  grantors,  if 
he  claims  by  purchase)  with  the  mining  rules,  regu- 
lations, and  customs  of  the  mining  district,  State,  or  • 
Territory  in  which  the  claim  lies,  and  with  the  min- 
ing laws  of  Congress;  such  sworn  statement  to  nar- 
rate briefly,  but  as  clearly  as  possible,  the  facL..  con- 
stituting such  compliance,  the  origin  of  his  possession, 
and  the  basis  of  his  claim  to  a  patent. 

47.  This  sworn  statement  must  be  supported  by  a 
copy  of  the  location  notice,  certified  by  the  officer  in 
charge  of  the  records  where  the  same  is  recorded,  and 
where  the  applicant  for  patent  claims  the  interests  of 
others  associated  with  him  in  making  the  location, 
or  only  as  purchaser,  in  addition  to  the  copy  of  the 
location  notice,  must  be  furnished  a  complete  abstract 
of  title  as  shown  by  the  record  in  the  office  where  the 
transfers  are  by  law   required   to   be  rn'jorded,   certi- 


■>'i 


142 


MINKllAL   LAND   LAWS 


I  I 


1 


lied  to  by  the  officer  in  charge  of  the  record,  under  his 
official  seal.  The  officer  should  also  certify  that  no 
conveyances  affecting  the  title  to  the  claim  in  ques- 
tion appear  of  record  other  than  those  set  forth  in 
the  abstract,  which  abstract  shall  be  brought  down  to 
the  date  of  the  application  for  patent.  Where  the  ap- 
plicant claims  as  sole  locator,  his  affidavit  should  be 
furnished  to  the  effect  that  he  has  disposed  of  no  in- 
terest in  the  land  located. 

48.  In  the  event  of  the  mining  records  in  any  case 
having  been  destroyed  by  fire  or  otherwise  lost,  affida- 
vit of  the  fact  should  be  made,  and  secondary  evidence 
of  possessory  title  will  be  received,  which  may  con- 
sist of  the  affidavit  of  the  claimant,  supported  by  those 
of  any  other  parties  cognizant  of  the  facts  relative 
to  his  location,  occupancy,  possessior,  improvements, 
&c. ;  and  in  such  case  of  lost  records,  any  deeds,  cer- 
tificates of  location  or  purchase,  or  other  evidence 
which  may  be  in  the  claimant's  possession  and  tend  to 
establish   his  claim,  should  be  filed. 

49.  Before  receiving  and  filing  a  mineral  application 
for  patent,  local  officers  will  be  particular  to  see  that 
it  includes  no  land  which  is  embraced  in  a  prior  or 
pending  application  for  patent  or  entry,  or  for  any 
lands  embraced  in  a  railroad  selection,  or  for  which 
publication  is  pending  or  has  been  made  by  any  other 
claimants,  and  if,  in  their  opinion,  after  investigation, 
it  should  appear  that  a  mineral  application  should  not, 
for  these  or  other  reasons,  be  accepted  and  filed,  they 
should  formally  reject  the  same,  giving  the  reasons 
therefor,  and  allow  the  applicant  thirty  days  for  ap- 
peal to  this  office  under  the  Rules  of  Practice. 

50.  Upon  the  receipt  of  these  papers,  if  no  reason  ap- 
pears for  rejecting  the  application,  the  register  will, 
at  the  expense  of  the  claimant  (who  must  furnish  the 
agreement  of  the  publisher  to  hold  applicant  for  pat- 
ent alone  responsible  for  charges  of  publication),  pub- 
lish a  notice  of  such  application  for  the  period  of  sixty 
days  in  a  newspaper  published  nearest  to  the  claim, 
and  will  post  a  copy  of  such  notice  In  his  office  for  the 
same  period.  When  the  notice  is  i)ublished  in  a  weekly 
newspaper,  ten  consecutive  Insertions  are  necessary; 
when  In  a  dally  newspaper,  the  notice  must  appear  in 
each  Issuo  for  sixty-one  consecutive  issues,  the  first 
day  of  issue  being  excluded  In  estimating  the  period 
of  sixty  days. 


OF   THE  UNITED   STATES. 


143 


51.  The  notices  so  published  and  posted  must  be  as 
full  and  complete  as  possible,  and  embrace  all  the 
data  given  in  the  notice  posted  upon  the  claim.  Too 
much  care  can  not  be  exercised  in  the  preparation  of 
these  notices,  inasmuch  as  upon  their  accuracy  and 
completeness  will  depend,  in  a  great  measure,  the 
regularity   and  validity  of  the  whole  proceeding. 

52.  The  register  shall  publish  the  notice  of  applica- 
tion for  patent  in  a  paper  of  established  character  and 
general  circulation,  to  be  by  him  designated  as  being 
the  newspaper  published  nearest  the  land. 

53.  The  claimant  at  the  time  of  filing  application  for 
patent,  or  at  any  time  within  the  sixty  days  of  publi- 
cation, is  required  to  file  wath  the  register,  a  certificate 
of  the  surveyor-general  that  not  less  than  five  hundred 
dollars'  worth  of  labor  has  been  expended  or  improve- 
ments made,  by  the  applicant  or  his  grantors,  upon 
each  location  embraced  in  the  application,  or  if  the 
application  embraces  several  locations  held  in  com- 
mon, that  an  amount  equal  to  five  hundred  dollars  for 
each  location,  has  been  so  expended  upon,  and  for  the 
benefit  of  the  entire  group;  that  the  plat  filed  by  the 
claimant  is  correct;  that  the  field  notes  of  the  survey, 
as  filed,  furnish  such  an  accurate  description  of  the 
claim  as  will,  if  incorporated  in  a  patent,  serve  to 
fully  identify  the  premises  and  that  such  reference  is 
made  therein  to  natural  objects  or  permanent  monu- 
ments as  will  perpetuate  and  fix  the  locus  thereof; 
provided,  that  as  to  all  applications  for  patent  made 
and  passed  to  entry  before  July  1,  1898,  or  which  are 
by  protest?  or  adverse  claims  prevented  from  being 
passed  to  entry  before  that  time,  where  the  applica- 
tion embraces  several  locations  held  in  common,  proof 
of  an  expenditure  of  five  hundred  dollars  upon  the 
group  will  be  sufficient  and  an  expenditure  of  that 
amount  need  not  be  shown  to  have  been  made  upon, 
or  for  the  benefit  of,  each  location  embraced  in  the 
application.^ 

54.  The  surveyor-general  should  derive  his  informa- 
tion upon  which  to  base  his  certificate  as  to  the  value 
of  labor  expended  or  impi'ovements  made  from  his 
deputy  who  makes  the  actual  survey  and  examination 
upon  the  premises,  and  such  deputy  should  specify  with 

1    As  atiKMulcd   March    14,   1898. 


144 


MI.NEUAL  LAND  LAWS 


! 


particularity  and  full  detail  the  character  and  extent 
of  such  improvements. 

55.  It  will  be  the  more  convenient  way  to  have  this 
certificate  indorsed  by  the  surveyor-general,  both  upon 
the  plat  and  field  notes  of  survey  filed  by  the  claimant 
as  aforesaid, 

56.  After  the  sixty  days'  period  of  newspaper  publi- 
cation has  expired,  the  claimant  will  furnish  from 
the  office  of  publication  a  sworn  statement  that  the 
notice  was  published  for  the  statutory  period,  giving 
the  first  and  last  day  of  such  publication,  and  his  own 
affidavit  showing  that  the  plat  and  notice  aforesaid  re- 
mained conspicuously  posted  upon  the  claim  sought 
to  be  patented  during  said  sixty  days'  publication,  giv- 
ing the  dates. 

57.  Upon  the  filing  of  this  affidavit  the  register  will, 
if  no  adverse  claim  was  filed  in  his  office  during  the 
period  of  publication,  permit  the  claimant  to  pay  for 
the  land  according  to  the  area  given  in  the  plat  and 
field  notes  of  survey  aforesaid,  at  the  rate  of  five  dol- 
lars for  each  acre  and  five  dollars  for  each  fractional 
part  of  an  acre,  except  as  otherwise  provided  by  law, 
the  receiver  issuing  the  usual  duplicate  receipt  there- 
for. The  claimant  will  also  make  a  sworn  statement 
of  all  charges  and  fees  paid  by  him  for  publication  and 
surveys,  together  with  all  fees  and  money  paid  the 
register  and  receiver  of  the  land  office,  after  which  the 
complete  record  will  be  forwarded  to  the  Commissioner 
of  the  General  Land  Office  and  a  patent  Issued  thereon 
if  found  regular. 

PROTEST. 

58.  At  any  time  prior  to  the  issuance  of  patent,  pro- 
test may  be  filed  against  the  patenting  of  the  claim  as 
applied  for,  upon  any  ground  tending  to  show  that  the 
applicant  has  failed  to  comply  with  the  law  in  a  mat- 
ter which  would  avoid  the  claim.  Such  protest  can 
not,  however,  be  made  the  means  of  preserving  a  sur- 
face confiict  lost  by  failure  to  adverse  or  lost  by  the 
judgment  of  the  court  in  an  adverse  suit.  One  hold- 
ing a  present  joint  interest  in  a  mineral  location  in- 
cluded in  an  application  for  patent  who  is  excluded 
from  the  application,  so  that  his  interest  would  not  be 
protected  by  the  issue  of  patent  thereon,  may  protest 
against  the  issuance  of  a  patent  as  applied  for,  set- 
ting forth  in  such  protest  the  nature  and  extent  of  his 


ana 


1  If 


OF   THE  UNITED   STATES.  145 

interest  in  such  location,  and  such  a  protestant  will  be 
deemed  a  party  in  interest  entitled  to  appeal.  This 
results  from  the  holding-  that  a  co-owner  excluded  from 
an  application  for  patent  does  not  have  an  "adverse" 
claim  within  the  meaning  of  Sections  2325  and  2326  of 
the  Revised  Statutes.  See  Tui'ner  v.  Sawyer,  150  U.  S., 
578-586. 

59.  Any  party  applying  to  make  entry  as  trustee 
must  disclose  fully  the  nature  of  the  trust  and  the 
name  of  the  cestui  que  trust;  and  such  trustee,  as  well 
as  the  beneflciaries,  must  furnish  satisfactory  proof 
of  citizenship;  and  the  names  of  beneflciaries,  as  well 
as  that  of  the  trustee,  must  be  inserted  in  the  final 
certificate  of  entry. 

PLACERS. 

60.  The  proceedings  to  obtain  patents  for  claims 
usually  called  placers,  including  all  forms  of  deposit, 
excepting  veins  of  quartz  or  other  rock  in  place,  are 
similar  to  the  proceedings  prescribed  for  obtaining  pat- 
ents for  vein  or  lode  claims;  but  where  said  placer 
claim  shall  be  upon  surveyed  lands,  and  conforms  to 
legal  subdivisions,  no  further  survey  or  plat  will  be 
required;  and  all  placer  mining  claims  located  after 
May  10,  1872,  shall  conform  as  nearly  as  practicable 
with  the  United  States  system  of  public-land  surveys 
and  the  rectangular  subdivisions  of  such  surveys,  and 
no  such  location  shall  include  more  than  twenty  acres 
for  each  individual  claimant;  but  where  placer  claims 
can  not  be  conformed  to  legal  subdivisions,  survey 
and  plat  shall  be  made  as  on  unsurveyed  lands.  But  , , 
where  such  claims  are  located  previous  to  the  public  n 
surveys,  and  do  not  confirm  to  legal  subdivisions,  sur- 
vey, plat  and  entry  thereof  may  be  made  according  to 
the  boundaries  thereof,  provided  the  location  is  in  all  j* 
respects  legal. 

61.  The  proceedings  for  obtaining-  patents  for  veins 
or  lodes  having  already  been  fully  given,  it  will  not  be  | 
necessary  to  repeat  them  here,  it  being  thought  that  | 
careful  attention  thereto  by  applicants  and  the  local 
officers  will  enable  them  to  act  understandingly  in  the  | 
matter  and  make  such  slight  motlillcations  in  the 
notice,  or  otherwise,  as  may  be  necessary  in  view  of 
the  different  nature  of  the  two  classes  of  claims;  placer 
claims  being  fixed,  however,  at  two  dollars  and  fifty 
cents  per  acre,  or  fractional  part  of  an  acre. 

10 


146 


MINKIIAL   LAM)   LAWS 


I 


(Proceedings  for  patent  for  placer  claim,  etc.  10  May, 
1872,  c.  152,  s.  11,  V.  17,  p.  94.) 
Sec.  2333,  R.  S.  Where  the  same  person,  association, 
or  corporation  is  in  possession  of  a  placer  claim,  and 
also  a  vein  or  lode  included  within  the  boundaries 
thereof,  application  shall  be  made  for  a  patent  for  the 
placer  claim,  with  the  statement  that  it  includes  such 
vein  or  lode,  and  in  such  case  a  patent  shall  issue  for 
the  placer  claim,  subject  to  the  provisions  of  this  chap- 
ter, including  such  vein  or  lode,  upon  the  payment  of 
five  dollars  per  acre  for  such  vein  or  lode  claim,  and 
twenty-five  feet  of  surface  on  each  side  thereof.  The 
remainder  of  the  placer  claim,  or  any  placer  claim  not 
embracing:  any  vein  or  lode  claim,  shall  be  paid  for 
at  the  rate  of  two  dollars  and  fifty  cents  per  acre,  to- 
g-ether with  all  costs  of  proceedings;  and  where  a  vein 
or  lode,  such  as  is  described  in  section  twenty-three 
hundred  and  twenty,  is  known  to  exist  within  the 
boundaries  of  a  placer  claim,  an  application  for  a 
patent  for  such  placer  claim  which  does  not  include  an 
application  for  the  vein  or  lode  claim  shall  be  con- 
strued as  a  conclusive  declaration  that  the  claimant  of 
the  placer  claim  has  no  right  of  possession  of  the 
vein  or  lode  claim;  but  where  the  existence  of  a  vein 
or  lode  in  a  placer  claim  is  not  known,  a  patent  for  the 
placer  claim  shall  convey  all  valuable  mineral  and 
other  deposits  within  the  boundaries  thereof. 

REGULATIONS. 
62,  The  first  care  in  recognizing  an  application  for 
patent  upon  a  placer  claim  must  be  exercised  in  de- 
termining the  exact  classification  of  the  lands.  To  this 
end  the  clearest  evidence  of  which  the  case  is  capable 
should  be  presented. 

(1)  If  the  claim  be  all  placer  ground,  that  fact  must 
be  stated  in  the  application  and  corroborated  by  ac- 
companying- proofs;  if  of  mixed  placers  and  lodes,  it 
should  be  so  set  out,  with  a  description  of  all  known 
lodes  situated  within  the  boundaries  of  the  claim.  A 
specific  declaration,  such  as  is  required  by  Section  2333, 
Revised  Statutes,  must  be  furnished  as  to  each  lode 
intended  to  be  claimed.  All  other  known  lodes  are, 
by  the  silence  of  the  applicant,  excluded  by  law  from 
all  claim  by  him,  of  whatsoever  nature,  possessory  or 
otherwise. 

(2)  Deputy  surveyors  shall,  at   the  expense  of  the 


01     THE   UNITKD   STATES. 


147 


parties,  make  full  examination  of  all  placer  claims 
surveyed  by  them,  and  duly  note  the  facts  as  siJecified 
in  the  law,  stating  the  quality  and  composition  of  the 
soil,  the  kind  and  amount  of  timber  and  other  ve^tta- 
tion,  the  locus  and  size  of  streams,  and  such  other 
matters  as  may  appear  upon  the  surface  of  the  claim. 
This  examination  should  include  the  character  and  ex- 
tent of  all  surface  and  underground  workii  gs,  whether 
placer  or  lode,  for  mining  purposes. 

(3)  In  addition  to  these  data,  which  the  law  requires 
to  be  shown  in  all  cases,  the  deputy  should  report  with 
reference  to  the  proximity  of  centers  of  trade  or  resi- 
dence; also  of  well-known  systems  of  lode  deposit  or  of 
individual  lodes.  He  should  also  report  as  to  the  use 
or  adaptability  of  the  claim  for  placer  mining;  whether 
water  has  been  brought  upon  it  in  sufficient  quantity 
to  mine  the  same,  or  whether  it  can  be  procured  '  )r 
that  purpose;  and,  finally,  what  works  or  expenditures 
have  been  made  by  the  claimant  or  his  grantors  for  the 
development  of  the  claim,  and  their  situation  and  lo- 
cation with  respect  to  the  same  as  applied  for. 

(4)  This  examination  should  be  reported  by  the 
deputy  under  oath  to  the  surveyor-general,  and  duly 
corroborated;  and  a  copy  of  the  same  should  be  fur- 
nished with  the  application  for  patent  to  the  claim, 
constituting  a  part  thereof,  and  included  in  the  oath 
of  the  applicant. 

(5)  Applications  awaiting  entry,  whether  published 
or  not,  must  be  made  to  conform  to  these  regulations, 
with  respect  to  examination  as  to  the  character  of  the 
land.  Entries  already  made  will  be  suspended  for  such 
additional  proofs  as  may  be  deemed  necessary  in  each 
case. 

MILL  SITES. 

63.  Mill  sites  are  not  mineral  entries.  On  the  con- 
trary, the  land  entered  must  be  shown  to  be  non- 
mineral.  They  are  simply  auxiliary  to  the  working  of 
mineral  claims,  but  as  the  section  granting  the  right 
of  entry  is  embraced  in  the  chapter  of  the  Revised 
Statutes  relating  to  mineral  lands,  they  are  therefore 
included  in  this  circular, 

(Patents  for  non-mineral  lands,  etc.    10  May,  1872,  c.  152, 

s.   If),  V,   17,   p.  %.) 
Sec.    2337,    R.    S.    Where    nonmineral    land    not    con- 
tiguous to  the  vein  or  lode  is  used  or  occupied  by  the 


I    -t* 


ill' 


'1  't- 

i  I, 


' 


148 


MIN'iniAL  LAND   LAWS 


proprietor  of  such  vein  or  lode  for  mining  or  milling 
purposes,  such  nonadjacent  surface  ground  may  be 
embraced  and  included  in  an  application  for  a  patent 
for  such  vein  or  lode,  and  the  same  may  be  patented 
therewith,  subject  to  the  same  preliminary  require- 
ments as  to  survey  and  notice  as  are  applicable  to 
veins  or  lodes;  but  no  location  hereafter  made  of  such 
nonadjacent  land  shall  exceed  five  acres,  and  pay- 
ment for  the  same  must  be  made  at  the  same  rate  as 
fixed  by  this  chapter  for  the  superficies  of  the  lode. 
The  owner  of  a  quartz  mill  or  reduction  works,  not 
owning  a  mine  in  connection  therewith,  may  also  re- 
ceive a  patent  for  his  mill  site,  as  provided  in  this  sec- 
tion. 

REGULATIONS. 

64.  To  avail  themselves  of  this  provision  of  law  par- 
ties holding  the  possessory  right  to  a  vein  or  lode,  and 
to  a  piece  of  nonmineral  land  not  contiguous  thereto, 
for  mining  or  milling  purposes,  not  exceeding  the 
quantity  allowed  for  such  purpose  by  Section  2337, 
United  States  Revised  Statutes,  or  prior  laws,  under 
which  the  land  was  appropriated,  the  proprietors  of 
such  vein  or  lode  may  file  in  the  proper  land  ofllce 
their  application  for  a  patent,  under  oath,  in  manner 
already  set  forth  herein,  which  application,  together 
with  the  plat  and  field  notes,  may  include,  embrace, 
and  describe,  in  addition  to  the  vein  or  lode,  such  non- 
contiguous mill  site,  and  after  due  proceedings  as  to 
notice,  etc.,  a  patent  will  be  issued  conveying  the  same 
as  one  claim.  The  owner  of  a  patented  lode  may,  by 
an  independent  application,  secure  a  mill  site  if  good 
faith  is  manifest  in  its  use  or  occupation  in  connection 
with  the  lode  and  no  adverse  claim  exists. 

65.  Where  the  original  survey  includes  a  lode  claim 
and  also  a  mill  site  the  lode  claim  should  be  described 
In  the  plat  and  field  notes  as  "Sur.  No.  37,  A,"  and  the 
mill  site  as  "Sur.  No.  37,  B,"  or  whatever  may  be  its 
appropriate  numerical  designation;  the  course  and 
distance  from  a  corner  of  the  mill  site  to  a  corner  of 
the  lode  claim  to  be  invariably  given  in  such  plat  and 
field  notes,  and  a  copy  of  the  plat  and  notice  of  appli- 
cation for  patent  must  be  conspicuously  posted  upon 
the  mill  site  as  well  as  upon  the  vein  or  lode  for  the 
statutory  period  of  sixty  days.  In  making  the  entry 
no  separate  receipt  or  certificate  need  be  issued  for  the 
mill  site,  but  the  whole  area  of  both  lode  and  mill  site 


m 


Op  the  uKitKd  states. 


140 


^vill  be  embraced  in  one  entry,  the  price  belnj?  five 
dollars  for  each  acre  and  fractional  part  of  an  acre 
embraced  by  such  lode  and  mill  site  claim. 

66.  In  case  the  owner  of  a  (luartz  mill  or  reduction 
works  is  not  the  owner  or  claimant  of  a  vein  or  lode 
the  law  permits  him  to  make  ai)plication  therefor  in  the 
same  manner  prescribed  herein  for  mining  claims,  and 
after  due  notice  and  proceedings,  in  the  absence  of  a 
valid  adverse  filing-,  to  enter  and  receive  a  patent  for 
his  mill  site  at  said  price  per  acre. 

67.  In  every  case  there  must  be  satisfactory  proof 
that  the  land  claimed  as  a  mill  site  is  not  mineral  in 
character,  which  proof  may,  where  the  matter  is  un- 
questioned, consist  of  the  sworn  statement  of  two  or 
more  persons  capable,  from  acquaintance  with  the 
land,    to    testify    understandingly. 

PROOF  OF  CITIZENSHIP. 

Sec,  2321,  R.  S.  Proof  of  citizenship,  under  this 
chapter,  may  consist,  in  the  case  of  an  individual,  of 
his  own  affidavit  thereof;  in  the  case  of  an  association 
of  persons  unincorporated,  of  the  affidavit  of  their  au- 
thorized agent,  made  on  his  own  knowledge  or  upon  in- 
formation and  belief;  and  in  the  c  5e  of  a  corporation 
organized  under  the  laws  of  the  United  States,  or  of 
any  State  or  Territory  thereof,  by  the  filing  of  a  cer- 
tified copy  of  their  charter  or  certificate  of  incorpora- 
tion. 

REGULATIONS. 

68.  The  proof  necessary  to  establish  the  citizenship 
of  applicants  for  mining  patents  must  be  made  in  the 
following  manner:  In  case  of  an  incorporated  com- 
pany, a  certified  copy  of  their  charter  or  certificate  of 
incorporation  must  be  filed.  In  case  of  an  association 
of  persons  unincorporated,  the  affidavit  of  their  duly 
authorized  agent,  made  upon  his  own  knowledge  or 
upon  information  and  belief,  setting  forth  the  residence 
of  each  person  forming  such  association,  must  be  sub- 
mitted. This  affidavit  must  be  accompanied  by  a  power 
of  attorney  from  the  parties  forming  such  association, 
authorizing  the  person  who  makes  the  affidavit  of  citi- 
zenship to  act  for  them  in  the  matter  of  their  applica- 
tion for  patent. 

69.  In  case  of  an  individual  or  an  association  of  in- 
dividuals who  do  not  appear  by  their  duly  authorized 
agent,  you  will  require  the  affidavit  of  each  applicant, 


!«".| 


u 


l! 


160 


MINERAL  LAND  LAWS 


showing'  whether  he  is  a  native  or  naturalized  citizen, 
when  and  where  bor"..  and  his  residence. 

70.  In  case  an  ai)T>licant  has  declared  his  intention 
to  become  a  citizen  or  has  been  naturaliztd,  his  athda- 
vlt  must  rihow  the  date,  place,  and  the  court  before 
which  he  declared  his  intention,  or  from  which  his 
certificate  of  citizenship  issued,   and  present  residence. 

71.  The  affidavit  of  the  claimant  as  to  his  citizenship 
may  be  taken  before  the  register  or  receiver,  or  any 
other  officer  authorized  to  administer  oaths  within  the 
land  district;   or,  if  th?^  claim-tnt  is  residing  beyond  the 

'  limits  of  the  district,  the  affidavit  may  be  taken  before 
the  clerk  of  any  court  of  record  or  before  any  notary 
public  of  any  State  or  Territory. 

72.  If  citizenship  is  established  by  the  testimony  of 
disinterested  persons,  such  testimony  may  be  taken 
at  anj'^  place  before  any  person  authorized  to  aamin- 
ister  oaths,  and  whose  official  character  is  duly  veri- 
fied. 

73.  In  sending  up  the  pepers  in  the  case  the  regis- 
ter must  not  omit  certifying-  to  the  fa,ct  that  the  notice 
was  i)osted  in  his  office  v^r  the  full  period  of  sixty 
days,  such  certificate  to  state  distinctly  when  such 
posting  was  dona  aiid  how   long  continued, 

74.  No  entry  will  be  allowed  until  the  register  has 
salistied  himself,  by  a  careful  examination,  that 
proper  proofs  have  been  filed  upon  all  the  points  indi- 
cated in  official  regulations  in  force,  and  that  they 
show  a  sufficient  bona  fide  compliance  with  the  laws 
and   such  regulations. 

75.  The  consecutive  series  of  numbers  of  mineral 
entries  must  be  continued,  whether  the  same  are  of 
lode  or  placer  claims  or  mill  sites. 

POSSESSORY    RIGHT. 

Sec.  2332,  R.  S.  vvlic^*^  suph  person  or  association,  they 
and  their  graiitors,  have  held  and  worked  their  claims 
for  a  period  equal  to  the  time  prescribed  by  the  stat- 
ute of  limitations  for  mining  claims  of  the  State  or 
Territory  where  the  same  may  be  situated,  evidence 
of  such  possession  and  working  of  the  claims  for  such 
period  shall  be  sufficient  to  establish  a  right  to  a 
patent  thereto  under  this  chapter,  in  the  absence  of 
any  adverse  claim;  but  nothing  in  this  chapter  shall 
be  deemed  to  'tapair  any  lien  which  may  have  attached 
in  any  way  whatever  to  any  mining  claim  or  property 
thereto  attached  prior  to  the  issuance  of  a  patent. 


UF   TIIK   rNITKD   STATES. 


IM 


liEGULATlONS. 

71).  This  i>rovision  of  law  will  Ki'tatly  lt'S.sfn  the 
l)ur(len  of  proof,  mori-  espei-ially  in  i\\v  case  of  old 
claims  located  many  years  sini-e,  tlu>  records  of  which, 
in  many  cases,  have  been  destroye  I  'vy  tlri',  or  lost  in 
other  ways  during  the  lap.se  of  tlniC,  l)Ut  concerning 
the  possessory  ri^ht  to  whicii  all  controversy  or  liti- 
gation  has   Ions   been  settled. 

77.  When  an  applicant  desires  to  make  his  proof  of 
possessory  right  in  accordaniT  witli  this  provision  of 
law,  he  will  not  be  recjuired  to  produce  evidence  of  lo- 
cation, coi)ies  of  conveyances,  or  abstracts  of  title, 
as  in  other  cases,  but  will  be  required  to  furnish  a  duly 
certified  copy  of  the  statute  of  linntation  of  mininff 
claims  for  the  Stati>  or  Teiritory,  tof?ether  with  his 
sworn  statement  givinf?  a  clear  and  succinct  narra- 
tion of  the  facts  as  to  the  origin  of  his  title,  and  like- 
wise as  to  the  continuation  of  his  possession  of  the 
mining  ground  covered  by  his  application;  the  area 
thereof;  the  natuve  and  extent  of  the  mining  that 
has  been  done  thereon;  whether  there  has  been  any 
opposition  to  his  possession,  or  litigation  with  regard 
to  his  claim  and,  if  so,  vhen  the  sume  ceased;  whether 
such  cessation  w.?«  caused  l)y  comjiromise  or  l)y  judi- 
cial decree,  aii'l  &.ri.\'  additional  facts  within  the  claim- 
ant's knowledtje  having  a  direct  bearing  upon  his  pos- 
session and  bona  fides  which  he  may  desire  to  submit 
in  support  ol  hi.s  cla  m. 

78.  There  should  likewise  be  filed  a  certificate,  under 
seal  of  the  court  having  jurisdiction  of  mining  cases 
within  the  judicial  district  embracing  the  claim,  that 
no  suit  or  action  of  any  character  whatever  involving 
the  right  of  possession  to  any  portion  of  the  claim 
applied  for  is  pending,  and  that  there  has  been  no  liti- 
gation before  said  court  affecting  the  title  to  said  claim 
or  any  part  thereof  for  a  period  ecjual  to  the  time 
fixed  by  the  statute  of  limitations  for  mining  clalrna 
in  the  State  or  Territory  as  aforesaid,  other  than  that 
which  has  been  finally  decided  in  favor  of  the  claim- 
ant. 

79.  The  claimant  should  support  his  narrative  of 
facts  relative  to  his  possession,  occupancy,  and  im- 
provements by  corroborative  testimony  of  any  disin- 
terest jd  person  or  per.sjns  of  credibility  who  may  be  • 
cognis  ant  of  the  facts  in  the  case  and  are  capable  of 
testifying  understandingiy  in   the  premises. 


ill 

4 


i-i 


1% 


ir.2 


MINERAL  LAND  LAWS 


ADVERSE   C.L/.IMS. 


\f 


Sec.  232fi,  R.  S.    Where  an  adverse  claim  is  filed  dur- 
ing- the   period   of  publication,   it   shall   be   upon    oath 
of  the  person  or  persons  making  the  same,  and  shall 
show  the  nature,   boundaries,  and   extent  of  such  ad- 
verse claim,  and  all  proceedings,  except  the  publication 
of  notice  and  making  and  tiling  of  the  affidavit  there- 
of,  shall   be   stayed    imtil    the  controversy   shall    have 
been  settled  or  decided  by  a  court  of  competent  juris- 
diction, or  the  adverse  claim  waived,     it  shall  be  the 
duty  of  the  adverse  claimart,  within  thirty  days  after 
filing  his  claim,   to  commence   proceedings   in   a  court 
of  competent    jurisdiction,    to    determine    the   question 
of  the    right   of   possession,    and   prosecute    the   same 
with    reasonable   diligence   to    final   judgment;     and    a 
failure  so  to  do  shall  be  a  waiver  of  his  adverse  claim. 
After   such  judgment   shall    have   been    rendered,    the 
party  entitled  to  the  possession  of  the  claim,  or  any 
portion    thereof,   may,    without   giving   further    notice, 
file  a  certified  copy  of  the  judgment  roll  with  the  reg- 
ister of  the  land  office,  together  with  the  certificate  of 
the    surveyor-general    thai    the    requisite    amount    of 
labor  has  been  expended  or  improvements  made  there- 
on,  and   the   description   required    in  other  cases,    and 
shall  pay  to  the  receiver  five  dollars  per  acre  for  his 
claim,   together  with   the  proper  fees,  whereupon   the 
whole  proceedings  and  the  judgment  roll  shall  be  cer- 
tified by  the  register  to  the  Commissioner  of  *^ he  Gen- 
eral Land  Office,  and  a  patent  sbaH   issue  thereon  for 
the   claim,    or   such   portion   thereoi    as   the   applicant 
shall  appear,  from  the  decision  of  the  court,  to  rightly 
possess.     If  it  appears  from  the  decision  of  the  court 
that  several  parties  are  entitled  to  separate  and  differ- 
ent portions  of  the  claim,  each  party  may  pay  for  his 
portion  of  the  claim  with  the  proper  fees,  and  file  the 
certificate    and    description    by    the    surveyor-general, 
whereupon  the  "egister   shall   certify   the   proceedings 
and  judgment  roll  to  the  Commissioner  of  the  General 
Land  Office,  as  in  the  preceding  case,  and  patents  shall 
issue  to  the  several  parties  according  to  their  respec- 
tive  rights.     Nothing    herein   contained    shall    be   con- 
strued  to   prevent    the   alienation   of    a   title  conveyed 
by  a  patent  for  a  mining  claim  to  any  person  what- 
ever. 


;i¥ 


OF   THE  UNITKD   STATKS. 


IM 


(In  action  brousht^title  not  established  in  eitlur  party. 

Act  of  Congress  api)rov«'(l  March  3,  1881 

(Ui  Stat.  L.,   505.) 

Be  it  enacted  by  the  Senate  ami  House  of  Hepre- 
sentatjves  of  the  United  States  of  America  in  Congresa 
assembled,  That  if,  in  any  action  brouKht  i)ursuant  to 
section  twenty-tliree  hundred  and  twenty-six  of  the 
Revised  Statutes,  title  to  the  ground  in  controversy 
shall  rot  be  established  by  either  party,  the  jury  shall 
so  lind,  and  judgment  shall  be  entered  according  to  the 
verdict.  In  such  case  costs  shall  not  be  allowed  to 
either  party  and  the  claimant  shall  not  proceed  in 
the  land  office  or  be  entitled  to  a  patent  for  the  ground 
in  controversy  until  he  shall   have  perfected  his  title. 

(Adverse  claim  may  be  verified  by  agent.     Sec.  1,  act 
of  Congress  approved  April  26,' 1882  (22  Stat.  L.,  49.) 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  United  States  of  America  in  Congress 
assembled,  That  the  adverse  claim  required  by  section 
twenty-three  hundred  and  twenty-six  of  the  Revised 
Statutes  may  be  verified  by  the  oath  of  any  duly 
authorized  agent  or  attorney  in  fact  of  the  adverse 
claimant  cognizant  of  Uie  facts  stated;  and  the  ad- 
verse claimant,  if  residing  or  at  the  time  being  beyond 
the  limits  of  the  district  wherein  the  claim  is  situated, 
may  make  oath  to  the  adverse  claim  before  the  clerk 
of  any  court  of  record  of  the  United  States  of  the 
State  or  Territory  where  the  adverse  claimant  may 
then  be,  or  before  any  notary  public  of  suc'i  State  or 
Territory. 

RKGULATIONS. 

80.  An  adverse  mining  claim  must  be  filed  with  the 
register  and  receiver  of  the  land  office  where  the  ap- 
plication for  patent  was  filed,  or  with  the  register  and 
receiver  of  the  district  in  which  the  land  is  situated 
at  the  time  of  filing  the  adverse  claim.  It  must  be  on 
the  oath  of  the  adverse  claimant,  or  it  may  be  verified 
by  the  oath  of  any  duly  authorized  agent  or  attorney 
in  fact  of  the  adverse  claimant  cognizant  of  the  facts 
stated. 

81.  Where  an  agent  or  attorney  in  fact  v  .'rifles  the 
adverse  claim,  ho  must  distinctly  swear  that  he  is  such 
agent  or  attorney,  and  accompany  hi.s  arfidavit  by 
proof  thereof. 

82.  The   agent   or  attorney    in    fact    must    make   the 


■a 


154 


MINERAL  Land  laws 


aflnljiNit  ill  vorification  of  the  atlverjic  claim  within  the 
land  dlHlrict  where  the  claim   is  situated. 

83.  The  adverse  notice  must  fully  set  forth  the  na- 
ture and  extent  of  the  Intereference  or  conflict; 
whether  the  adverse  party  claims  as  a  purchaser  for 
vahiable  consideration  or  as  a  locator;  if  the  former, 
a  certified  copy  of  the  original  location,  the  original 
conveyance,  a  duly  certified  copy  thereof,  or  an  ab- 
stract of  title  from  the  office  of  the  proper  recorder 
should  be  furnished,  or  if  the  transaction  was  a  merely 
verbal  one  he  will  narrate  the  circumstances  attending 
the  purchase,  the  date  thereof,  and  the  amount  paid, 
which  facts  should  be  supported  by  the  affidavit  of  one 
or  more  witnesses,  if  any  were  present  at  the  time, 
and  if  he  claims  as  a  locator  he  must  file  a  duly  cer- 
tified copy  of  the  location  from  the  office  of  the  proper 
recorder. 

84.  In  order  that  the  "boundaries"  and  "extent"  of 
the  claim  may  be  shown,  it  will  be  incumbent  upon  the 
adverse  claimant  to  file  a  plat  showing  his  entire 
claim,  its  relative  situation  or  position  with  the  one 
against  which  he  claims,  and  the  extent  of  the  conflict. 
This  plat  must  be  made  from  an  actual  survey  by  a 
United  States  deputy  surveyor,  who  will  officially  cer- 
tify thereon  to  its  correctness;  and  in  addition  there 
must  be  attached  to  such  plat  of  survey  a  certificate 
or  sworn  statement  by  the  surveyor  as  to  the  ap- 
proximate value  of  the  labor  performed  or  improve- 
ments made  upon  the  claim  by  the  adverse  party  or 
his  predecessors  in  interest,  and  the  plat  must  indi- 
cate the  position  of  any  shafts,  tunnels,  or  other  im- 
provements, if  any  such  exist,  upon  the  claim  of  the 
party  opposing  the  application,  and  by  which  party 
said  improvements  were  made:  Provided,  however. 
That  if  the  application  for  patent  describes  the  claim 
by  legal  subdivisions,  the  adverse  claimant,  if  also 
claiming  by  legal  subdivisions,  may  describe  his  ad- 
verse claim  in  the  same  manner  without  further  sur- 
vey or  plat. 

85.  Upon  the  foregoing  being  filed  within  the  sixty 
days*  publication,  the  register,  or  in  his  absence  the 
receiver,  will  «lve  notice  in  writing  to  both  parties  to 
the  contest  that  such  adverse  claim  has  been  filed,  in- 
forming   them    tiial    the    i)arly    who   filed   the   adverse 


r^ 


OF   THE   UNITED   STATES. 


165 


claim  will  be  required  witiiiii  thirty  days  from  tlie 
date  of  sucii  liliiiK  to  commence  proceediuK-s  in  a 
court  of  comijetent  jurisdiction  to  determine  tlif  (jucs- 
tion  of  riglit  of  possession,  and  to  prosecute  tlie  same 
with  reasonable  diligence  to  linal  judgment,  and  that, 
should  such  adverse  claimant  fail  to  do  so,  his  ad- 
verse claim  will  be  considered  waived,  and  the  appli- 
cation for  patent  be  allowed  to  proceed  upon  its  merits. 

86.  When  an  adverse  claim  Is  filed  as  aforesaid,  the 
register  or  receiver  will  indorse  upon  the  same  tlie 
precise  date  of  filing,  and  preserve  a  record  of  tlie  date 
of  notifications  issued  thereon;  and  thereafter  all  pro- 
ceedings on  the  application  for  patent  will  be  sus- 
pended, with  the  exception  of  the  completion  of  the 
publication  and  posting  of  notices  and  plat,  and  the 
filing  of  the  necessary  proof  thereof,  until  the  contro- 
versy shall  have  been  adjudicated  in  court,  or  the  ad- 
verse claim  waived  or  withdrawn. 

87.  Where  an  adverse  claim  has  been  filed  and  suit 
thereon  commenced  within  the  statutory  period,  and 
final  judgment  determining  the  right  of  possession 
rendered  in  favor  of  the  applicant,  it  will  not  be  suffi- 
cient for  him  to  file  with  the  register  a  certilicate  of 
the  clerk  of  the  court,  setting  forth  the  facts  as  to 
such  judgment,  but  he  must,  before  he  is  allowed  to 
make  entry,  file  a  certified  copy  of  the  judgment,  to- 
gether with  the  other  evidence  required  by  Section 
2326,   Revised  Statutes. 


SI 

I" 

m 


I 


88.  Where  such  suit  has  been  dismissed,  a  certificate 
of  the  clerk  of  the  court  to  that  effect  or  a  certified 
copy  of  the  order  of  dismissal  will  be  sufficient. 

89.  After  an  adverse  claim  has  been  filed  and  suit 
commenced,  a  relinquishment  or  other  evidence  of 
abandonment  will  not  be  accepted,  but  the  case  must 
be  terminated  and  proof  thereof  furnished  as  required 
by  the  last   two  paragraphs. 

90.  Where  an  adverse  claim  has  been  filed,  but  no 
suit  commenced  against  the  applicant  for  patent  witiiin 
the  statutory  period,  a  certificate  to  that  effect  by  the 
clerk  of  the  State  court  having  jurisdiction  in  the 
case,  and  also  l)y  the  clerk  of  the  circuit  court  of  the 


mo 


MTNKRAL  LAND  LAWS 


ITnltPfl    States   for  the   district   in    whUli    the  claim   is 
situated,   will  be  required. 

VEIUFICATION  OF   AFFIDAVITS'    IN    RELATION 
TO   MINERAL,  ENTRIES. 

Sec.  2335,  R.  S.  All  affidavits  required  to  be  made 
under  this  chapter  may  be  verified  before  any  offlcer 
authorized  to  administer  oaths  within  the  land  district 
where  the  claims  may  be  situated,  and  all  testimony 
and  proofs  may  be  taken  before  any  such  officer,  and, 
when  duly  certified  by  the  officer  taking  the  same, 
shall  have  the  same  force  ant.  effect  as  if  taken  before 
the  register  and  receiver  of  the  land  ottice.  In  cases 
of  contest  as  to  the  mineral  or  agricultural  charac- 
ter of  land,  the  testimony  and  proofs  may  be  taken 
as  herein  i^rovided  on  personal  notice  of  at  least  ten 
days  to  the  opposing  party;  or  if  such  party  can  not 
be  found,  then  by  publication  of  at  least  once  a  week 
for  thirty  days  in  a  newspaper,  to  be  designated  by  the 
register  of  the  land  office  as  published  nearest  to  the 
location  of  such  land;  and  the  register  shall  require 
proof  that  such   notice  has  been  given, 

(Sec.  2,  act  of  Congress  approved  April  26,  1882  (22  Stat. 

L.,  49.) 

Sec.  2.  That  applicants  for  mineral  patents,  if  resid- 
ing beyond  the  limits  of  the  district  wherein  the 
claim  is  situated,  may  make  any  oath  or  affidavit  re- 
<iuired  for  proof  of  citizenship  before  the  clerk  of  any 
court  of  record,  or  before  any  notary  public  of  any 
State  or  Territory. 

(See  Adverse  claims.) 

GENERAL    LEGISLATION. 


Sec.  2338,  R.  S.  As  a  condition  of  sale,  in  the  absence 
of  necessary  legislation  by  Congress,  the  local  legisla- 
ture of  any  State  or  Territory  may  provide  rules  for 
working  mines,  Involving  easements,  draiiiage,  and 
other  necessary  means  to  their  complete  development; 
and  those  conditions  shall  be  fully  expressed  in  the 
patent. 


■¥ 


OF   TllK   UNITED   STATES. 


167 


See.  2339.  Whenever,  by  priority  of  possession,  rights 
to  the  use  of  water  for  mining,  agricultural,  manufac- 
turing, or  other  purposes,  have  vested  and  accrued, 
and  the  same  are  recognized  and  acknowledged  by  the 
local  customs,  laws,  and  the  decisions  of  courts,  the 
possessors  and  owners  of  such  vested  rights  shall  b< 
maintained  and  protected  in  the  same;  and  the  right 
of  way  for  the  construction  of  ditches  and  canals  for 
the  purposes  herein  specified  is  acknowledged  and 
confirmed;  but  whenever  any  person,  in  the  construc- 
tion of  any  ditch  or  canal,  injures  or  damages  the 
possession  of  any  settler  on  the  public  domain,  the 
party  committing  such  injury  or  damage  shall  be 
liable  to  the  party  injured  for  such  injury  or  damage. 


Sec.  2340,  R.  S.  All  patents  granted,  or  pre-emption  or 
homesteads  allowed,  shall  be  subject  to  any  vested  and 
accrued  water  rights,  or  rights  to  ditches  and  reser- 
voirs used  in  connection  with  such  water  rights,  as 
may  have  been  acquired  under  or  recognized  by  the 
preceding  section. 


Sec.  2341,  R.  S.  Wherever,  upon  the  lands  heretofore 
designated  as  mineral  lands,  which  have  been  ex- 
cluded from  survey  and  sale,  there  have  been  home- 
steads made  by  citizens  of  the  United  States,  or  per- 
sons who  have  declared  their  intention  to  become 
citizens,  which  1  omesteads  have  been  made,  improved, 
and  used  for  agricultural  purposes,  and  upon  which 
there  have  been  »io  valuable  mines  of  gold,  silver, 
cinnabar,  or  copper  discovered,  and  which  are  prop- 
erly agricultural  lands,  the  settlers  or  owners  of  such 
homesteads  shall  have  a  right  of  pre-emption  thereto, 
and  shall  be  entitled  to  purchase  the  same  at  the  price 
of  one  dollar  and  twenty-five  cents  per  acre,  and  in 
quantity  not  to  exceed  one  hundred  and  sixty  acres; 
or  they  may  avail  themselves  of  the  provisions  of 
chapter  five  of  this  title,  relating  to  "Homesteads." 


k 


Sec,  2342,  R.  S.  Upon  the  survey  of  the  lands  described 
111  the  precetling  section,  tiie  Se<  relary  of  the  Interior 
may  dcsi^riate  and  set  apart  sucli  portions  of  tlie  same 
as  are   clearly   a^jricultural   lands,    wliich    lands   shall 


I 
I 


IM 


MINFUAL  LAND   LAWS 


thereafter  be  subject  to  pre-emption  and  sale  as  other 
public  lands,  and  be  subject  to  all  the  laws  and  regu- 
lations applicable  to  the  same. 

Sec.  2343,  R.  S.  The  President  is  authorized  to  estab- 
lish additional  land  districts,  and  to  appoint  the  neces- 
sary officers  under  existing-  laws,  wherever  he  may 
deem  the  same  necessary  for  the  public  convenience  in 
executing  the  provisions  of  this  chapter. 

Sec.  2344,  R.  S.  Nothing  contained  in  this  chapter  shall 
be  construed  to  impair  in  any  way,  rights  or  interests 
In  mining  property  acquired  under  existing  laws; nor  to 
affect  the  provisions  of  the  act  entitled  "An  act  grant- 
ing to  A.  Sutro  the  right  of  way  and  other  privileges 
to  aid  in  the  construction  of  a  draining  and  exploring 
tunnel  to  the  Comstock  lode,  in  the  State  of  Nevada," 
approved  July  twenty-five,  eighteen  hundred  and  six- 
ty-six. 


Sec.  2345,  R.  S.  The  provisions  of  the  preceding  sec- 
tions of  this  chapter  shall  not  apply  to  the  mineral 
lands  situated  in  the  States  of  Michigan,  Wisconsin, 
and  Minnesota,  which  are  declared  free  and  open  to  ex- 
ploration and  purchase,  according  to  legal  subdivisions, 
In  like  manner  as  before  the  tenth  day  of  May, 
eighteen  hundred  and  seventy-two.  And  any  bona  fide 
entries  of  sucli  lands  within  the  States  named  since 
the  tenth  of  May,  eighteen  hundred  and  seventy-two, 
may  be  patented  without  reference  to  any  of  the  fore- 
going provisions  of  this  chapter.  Such  lands  shall  be 
offered  for  public  sale  in  the  same  manner,  at  the 
same  minimum  price,  and  under  the  same  rights  of 
pre-emption  as  other  public  lands. 

Sec.  2346,  R.  S.  No  act  passed  at  the  first  session  of 
the  Thirty-eighth  Congress,  granting  lands  to  States  or 
corporations  to  aid  in  the  construction  of  roads  or  for 
other  purposes,  or  to  extend  the  time  of  grants  made 
prior  to  the  thirtieth  day  of  January,  eighteen  hundred 
and  sixty-five,  sliall  be  so  construed  as  to  embrace 
mineral  land.s,  which  in  all  cases  are  reserved  exclu- 
sively to  tlie  United  States,  unless  otherwise  specially 
provided  in  the  act  or  acts  making  the  grant, 


OF   THE  UNITED  STATES. 


IW 


(Missouri  and  Kansas  excluded  from  the  operation  of 

the  mineral  laws.    Act  of  Congress  approved 

May  5.  1876,   (19  Stat.  L.,  52.) 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  United  States  of  America  in  Con- 
gress assembled,  That  within  the  States  of  Missouri 
and  Kansas  deposits  of  coal,  iron,  lead,  or  other  min- 
eral be,  and  they  are  hereby,  excluded  from  the  opera- 
tion of  the  act  entitled  "An  act  to  promote  the  de- 
velopment of  the  mining  resources  of  the  United 
States,"  approved  May  tenth,  eighteen  hundred  and 
seventy-two  and  all  lands  in  said  States  shall  be  sub- 
ject to  disposal  as  agricultural  lands. 

(Citizens  of  Colorado,  Nevada,  and  the  Territories  au- 
thorized to  fell  and  remove  timber  on  the  public 
domain  for  mining  and  domestic  purposes.  Act  of 
Congress  approved  June  3,  1878  (20  Stat.  L.,  88.) 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  United  States  of  America  in  Con- 
gress assembled,  That  all  citizens  of  the  United  States 
and  other  persons,  bona  tide  residents  of  the  State 
of  Colorado,  or  Nevada,  or  either  of  the  Territories  of 
New  Mexico,  Arizona,  Utah,  Wyoming,  Dakota,  Idaho, 
or  Montana,  and  all  oiaer  mineral  districts  of  the 
United  States,  shall  be,  and  are  hereby,  authorized  and 
permitted  to  fell  and  remove,  for  building,  agricultural, 
mining,  or  other  domestic  purposes,  any  timber  or 
other  trees  growing  or  being  on  the  puVjlic  lands,  said 
lands  being  mineral,  and  not  subject  to  entry  under 
existing  laws  of  the  United  States,  except  for  mineral 
entry,  in  either  of  said  States,  Territories,  or  dis- 
tricts of  which  such  citizens  or  persons  may  be  at 
the  time  bona  fide  residents,  subject  to  such  rules  and 
regulations  as  the  Secretary  of  the  Interior  may  pre- 
scribe for  the  protection  of  the  timber  and  of  the 
undergrowth  growing  upon  such  lands,  and  for  other 
purposes:  Provided,  The  provisions  of  this  act  shall 
not  extend  to  railroad  corporations. 

Sec.  2.  That  it  shall  be  the  duty  of  the  register  and 
the  receiver  of  any  local  land  office  in  whose  district 
any  mineral  land  may  be  situated   to  asceitain  from 


ino 


MINKRAL   LAND   LAWS 


time  to  time  whether  any  timher  is  belnj?  cut  or  used 
upon  any  such  lands,  except  for  the  purposes  author- 
ized by  this  act,  within  their  respective  land  districts; 
and,  if  so,  they  shall  immediately  notify  the  Commis- 
sioner of  the  General  Land  Office  of  that  fact:  and  all 
necessary  expenses  incurred  in  making  such  proper 
examinations  shall  be  paid  and  allowed  such  register 
and  receiver  in  making  up  their  next  quarterly  ac- 
counts. 

Sec.  3.  Any  person  or  persons  who  shall  violate  the 
provisions  of  this  act,  or  any  rules  and  reigulations  in 
pursuance  thereof  made  by  the  Secretary  of  the  In- 
terior, shall  be  deemed  guilty  of  a  misdemeanor,  and, 
upon  conviction,  shall  be  fined  in  any  sum  not  ex- 
ceeding five  hundred  dollars,  and  to  which  may  be 
added  imprisonment  for  any  term  not  exceeding  six 
months. 


(Alabama  excepted  from  the  operation  of  the  mineral 
laws.     Act  of   Congress  approved   March 

3,  1883,  (22  Stat.  L.,  487.)  ;     . 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  United  States  of  America  in  Con- 
gress assembled.  That  within  the  State  of  Alabama  all 
public  lands,  whether  mineral  or  otherwise,  shall  be 
subject  to  disposal  only  as  agricultural  lands:  Pro- 
vided, however.  That  all  lands  which  have  heretofore 
been  reported  to  the  General  Land  Office  as  contain- 
ing coal  and  iron  shall  first  be  offered  at  public  sale: 
And  provided  further,  That  any  bona  fide  entry  under 
the  provisions  of  the  homestead  law  of  lands  within 
said  State  heretofore  made  may  be  patented  without 
reference  to  an  act  approved  May  tenth,  eighteen  hun- 
dred and  seventy-two,  entitled  "An  act  to  promote  the 
development  of  the  mining  resources  of  the  United 
States,"  in  cases  where  the  persons  making  application 
for  such  patents  have  in  all  other  respects  complied 
with   the   homestead   law   relating   thereto. 


1 


OF   TlIK  UNITED   STATES.  161 

AN  ACT  PROVIDING  A  CIVIL  GOVERNMENT  FOR 

ALASKA. 

• 

(Mining  laws  extended  to  the  District  of  Alaska.    Act 
of  Congress  approved  May  17.  1884  (23  Stat.  L.,  24.) 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  United  States  of  America  in  Con- 
gress  assembled,    *    *    * 

Sec.  8.  That  the  said  district  of  Alaska  is  hereby 
created  a  land  district,  and  a  United  States  land  office 
for  said  district  is  hereby  located  at  Sitka,  The  com- 
missioner provided  for  by  this  act  to  reside  at  Sitka 
shall  be  ex  officio  register  of  said  land  office,  and  the 
clerk  provided  for  by  this  act  shall  be  ex  officio  re- 
^  ceiver  of  public  moneys  and  the  marshal  provided  for 
by  this  act  shall  be  ex  officio  surveyor-general  of  said 
district  and  the  laws  of  the  United  States  relating  to 
mining  claims,  and  the  rights  incident  thereto,  shall, 
from  and  after  the  passage  of  this  act,  be  in  full  force 
and  effect  in  said  district,  under  the  administration 
thereof  herein  provided  for,  subject  to  such  regulations 
as  may  be  made  by  the  Secretary  of  the  Interior,  ap- 
proved by  the  President:  Provided,  That  the  Indians 
or  other  persons  in  said  district  shall  not  be  disturbed 
in  the  possession  of  any  lands  actually  in  their  use  or 
occupation  or  now  claimed  by  them,  but  the  terms 
under  which  such  persons  may  acquire  title  to  such 
lands  is  reserved  for  future  legislation  by  Congress: 
And  provided  further.  That  parties  who  have  located 
mines  or  mineral  privileges  therein  under  the  laws  of 
the  United  States  applicable  to  the  public  domain, 
or  who  have  occupied  and  improved  or  exercised  acts 
of  ownership  over  such  claims,  shall  not  be  disturbed 
therein,  but  shall  be  allowed  to  perfect  their  title  to 
such  claims  by  payment  as  aforesaid:  And  provided 
also.  That  the  land  not  exceeding  six  hundred  and 
forty  acres  at  any  station  now  occupied  as  missionary 
stations  among  the  Indian  tribes  in  said  section,  with 
the  improvements  thereon  erected  by  or  for  such  so- 
cieties, shall  be  continued  in  the  occupancy  of  the 
several  religious  societies  to  which  said  missionary 
stations  respectively  belong  until  action  by  Congress. 
But  nothing  contained  in  this  act  shall  be  construed  to 
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MINERAL  LAND   LAWS 


put  in  force  in  said  district  the  general  land  laws  of 
the  United  States. 

(See  amendment  approved  July  24,  1897,  pages  311  and 
312  hereof.) 


(Right  of  entry  under  all  the  land  laws  restricted  to 
320  acres.  (Repealed,  see  act  Mar.  3,  1891,  sec.  17.) 
Reservation  in  patents  for  right  of  way  for  ditches 
and  canals  constructed.  Act  of  Congress  approved 
August  30,  1890.    (26  Stat.  L.,  371.) 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  United  States  of  America  in  (Con- 
gress assembled,    *    *    * 

No  person  who  shall  after  the  passage  of  this  act, 
enter  upon  any  of  the  public  lands  with  a  view  to  oc- 
cupation, entry,  or  settlement  under  any  of  the  land 
laws  shall  be  permitted  to  acquire  title  to  more  than 
three  hundred  and  twenty  acres  in  the  aggregate, 
under  all  of  said  laws,  but  this  limitation  shall  not 
operate  to  curtail  the  right  of  ajiy  person  who  has 
heretofore  made  entry  or  settlement  on  the  public 
lands,  or  whose  occupation,  entry  or  settlement,  is 
validated  by  this  act:  Provided,  That  in  all  patents 
for  lands  hereafter  taken  up  under  any  of  the  land 
laws  of  the  United  States  or  on  entries  or  claims  vali- 
dated by  this  act  west  of  the  one  hundredth  meridian, 
it  shall  be  expressed  that  there  is  reserved  from  the 
lands  in  said  patent  described  a  right  of  way  thereon 
for  ditches  or  canals  constructed  by  the  authority  of 
the  United  States.    *    •    * 

AN  ACT  TO  REPEAL  TIMBER-CULTURE   LAWS. 
AND    FOR    OTHER    PURPOSES. 

(Town  sites  on  mineral  lands  authorized.  Lands  en- 
tered under  the  mineral  laws  not  included  in  re- 
striction to  320  acres.  Act  of  Conr'^ess  approved 
March  3,  1891  (26  Stat.  L.,  1095.) 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  United  States  of  America  In  Con- 
gress assembled,    *    *    * 

Sec.  16.  That  town-site  entries  may  be  made  by  in- 
corporated towns  and  cities  on  the  mineral  lands  of 


OF   THE   UNITED   STATES,  163 

the  United  States,  but  no  title  shall  be  acquired  by 
such  towns  or  cities  to  any  vein  of  gold,  silver,  cinna- 
bar, copper,  or  lead,  or  to  any  valid  mining  claim  or 
possession  held  under  existing  law.  When  mineral 
Veins  are  possessed  within  the  limits  of  an  incorpo- 
rated town  or  city,  and  such  possession  is  recognized 
by  local  authority  or  by  the  laws  of  the  United  States, 
the  title  to  town  lots  shall  be  subject  to  such  recog- 
nized possession  and  the  necessary  use  thereof  and 
when  entry  has  been  made  or  patent  issued  for  such 
town  sites  to  such  incorporated  town  or  city,  the 
possessor  of  such  mineral  vein  may  enter  and  receive 
patent  for  such  mineral  vein,  and  the  surface  ground 
appertaining  thereto:  Provided,  That  no  entry  shall 
be  made  by  such  mineral-vein  claimant  for  surface 
ground  where  the  owner  or  occupier  of  the  surface 
ground  shall  have  had  possession  of  the  same  before 
the  inception  of  the  title  of  the  mineral-vein  applicant.  * 

Sec,  17,  That  reservoir  sites  located  or  selected  and 
to  be  located  and  selected  under  the  provisions  of  "An 
act   making  appropriations   for  sundry  civil   expenses  || 

of  the  Government  for  the  fiscal  year  ending  June 
thirtieth,  eighteen  hundred  and  eighty-nine,  and  for 
other  purposes,"  and  amendments  thereto,  shall  be  re- 
stricted to  and  shall  contain  only  so  much  land  as  is 
actually    necessary    for    the    construction    and    main-  || 

tenance  of  reservoirs;  excluding  so  far  as  practicable 
lands  occupied  by  actual  settlers  at  the  date  of  the 
location  of  said  reservoirs  and  that  the  provisions  of 
"An  act  making  appropriations  for  sundry  civil  ex- 
penses of  the  Government  for  the  fiscal  year  ending 
June  thirtieth,  eighteen  hundred  and  ninety-one,  and  . 
for  other  purposes,"  which  reads  as  follows,  viz.:  "No 
person  who  shall  after  the  passage  of  this  act  enter 
upon  any  of  the  public  lands  with  a  view  to  occupa- 
tion, entry,  or  settlement  under  any  of  the  land 
laws  shall  \^q  permitted  to  acquire  title  to  more  than 
three  hui.dred  and  twenty  acres  in  the  aggregate  under  '       i 

all   said  laws,"    shall  be  construed    to   include   in   the  1; 

maximum  amount  of  lands  the  title  to  which  is  per-  j 

mitted    to    be    acquired    by   one    person    only   agricul-  'i  j 

tural   lands  and   not  include  lands  entered   or  sought  ■  1 

to  be  entered  under'mineral  land  laws. 


s 


164 


MINERAL  LAND   LAWS 


I 


APPOINTMENT  OF  DEPUTIES  FOR  SURVEY  OF 
MINING    CLAIMS— CHARGES   FOR    SURVEYS 
AND    PUBLICATIONS-FEES    OF    REGIS- 
TERS   AND    RECEIVERS.    ETC. 

Sec.  2334,  R.  S.  The  surveyor-general  of  the  United 
States  may  appoint  in  each  land  district  containing 
mineral  lands  as  many  competent  surveyors  as  shall 
apply  for  appointment  to  survey  mining  claims.  The 
expenses  of  the  survey  of  vein  or  lode  claims,  and  the 
survey  and  subdivision  of  placer  claims  into  smaller 
quantities  than  one  hundred  and  sixty  acres,  together 
with  the  cost  of  publication  of  notices,  shall  be  paid 
by  the  applicants,  and  they  shall  be  at  liberty  to  obtain 
the  same  at  the  most  reasonable  rates,  and  they  shall 
also  .be  at  liberty  to  employ  any  United  States  deputy 
surveyor  to  make  the  survey.  The  Commissioner  of 
the  General  Land  Office  shall  also  have  power  to 
establish  the  maximum  charges  for  surveys  and  publi- 
cation of  notices  under  this  chapter;  and,  in  case  of 
excessive  charges  for  publication,  he  may  designate 
any  newspaper  published  in  a  land  district  where 
mines  are  situated  for  the  publication  of  mining  notices 
in  such  district,  and  fix  the  rates  to  be  charged  by 
such  paper;  and,  to  the  end  that  the  Commissioner 
may  be  fully  informed  on  the  subject,  each  applicant 
shall  file  with  the  register  a  sworn  statement  or  all 
charges  and  fees  paid  by  such  applicant  for  publica- 
tion and  surveys,  together  with  all  fees  and  money 
paid  the  register  and  the  receiver  of  the  land  office, 
which  statement  shall  be  transmitted,  with  the  other 
papers  in  the  case,  to  the  Commissioner  of  the  Gen- 
eral Land  Office. 

REGULATIONS. 

91.  Under  this  authority  of  law  the  following  rates 
have  been  established  as  the  maximum  charges  for 
newspaper  publications  In  mining  cases: 

(1)  Where  a  daily  newspaper  is  designated  the 
charge  shall  not  exceed  .seven  dollars  for  each  ten  lines 
of  space  occupied,  and  where  a  weekly  newspaper  is 
designated  as  the  medium  of  publication  five  dollars 
for  the  same  space  will  be  allowed.  Such  charge  shall 
be  accepted  as  full  payment  for  publication  In  each 


OF   THE  UNITED   STATES. 


165 


issue  of  the  newspaper  for  the  entire  period  required 
l)y  law. 

It  is  expected  that  tliese  notices  shall  not  be  so  ab- 
breviated as  to  curtail  the  description  essential  to  a 
perfect  notice,  and  the  said  rates  established  upon  the 
understanding  that  they  are  to  be  in  the  usual  body 
type  used  for  advertisements. 

(2)  For  the  publication  of  citations  in  contests  or 
hearin^^s  involving  the  character  of  lands  the  charges 
shall  not  exceed  eight  dollars  for  five  publications  in 
weekly  newspapers  or  ten  dollars  for  publications  in 
daily  newspapers  for  thirty  days. 

92.  The  surveyors-general  of  the  several  districts 
will,  in  pursuance  of  said  law,  appoint  in  each  land  dis- 
trict as  many  competent  deputies  for  the  survey  of 
mining  claims  as  may  seek  such  appointment,  it  being 
distinctly  understood  that  all  expenses  of  these  notices 
and  surveys  are  to  be  borne  by  the  mining  claim- 
ants and  not  by  the  United  States,  The  claimant  may 
employ  any  deputy  surveyor'  within  such  district  to  do 
his  work  in  the  field.  Each  deputy  mineral  surveyor 
before  entering  upon  the  duties  of  his  office  or  appoint- 
ment shall  be  required  to  enter  into  such  bond  for 
the  faithful  performance  of  his  duties  as  may  be  pre- 
scribed by  the  regulations  of  the  Land  Department 
in  force  at  that  time. 

93.  With  regard  to  the  platting  of  the  claim  and 
other  office  work  in  the  surveyor-general's  office,  that 
officer  will  make  an  estimate  of  the  cost  thereof,  which 
amount  the  claimant  will  deposit  with  any  assistant 
United  States  treasurer  or  designated  depository  in 
favor  of  the  United  States  Treasurer,  to  be  passed  to 
the  credit  of  the  fund  created  by  "individual  depositors 
for  surveys  of  the  public  lands,"  and  file  with  the 
surveyor-general  duplicate  certificates  of  such  de- 
posit in  the  usual  manner. 

94.  The  surveyors-general  will  endeavor  to  appoint 
mineral  deputy  surveyors,  so  that  one  or  more  may 
be  located  in  each  mining  district  for  the  greater  con- 
venience of  miners. 

95.  The  usual  oaths  will  be  required  of  these  deputies 
and  their  assistants  as  to  the  correctness  of  each 
survey  executed  by  them. 

The  duty  of  the  deputy  mineral  surveyor  ceases 
when  he  has  executed  the  survey  and  returned  the 
field  notes  and  preliminary  plat  thereof  with  his  re- 


tl 


166 


MINERAL  LAND  LAV/S 


port  to  the  surveyor-general.  He  will  not  be  allowed 
to  prepare  for  the  mining  claimant  the  papers  in 
support  of  an  application  for  patent  or  otherwise  per- 
form the  duties  of  an  attorney  before  the  land  office 
In  connection  with  a  .mining  claim. 

The  surveyors-general  and  local  land  officers  are 
expected  to  report  any  infringement  of  this  regulation 
to  this   office. 

96.  Should  it  appear  that  excessive  or  exorbitant 
charges  have  been  made  by  any  surveyor  or  any  pub- 
lisher, prompt  action  will  be  taken  with  the  view  of 
correcting  the   abuse. 

97.  The  fees  payable  to  the  register  and  receiver  for 
filing  and  acting  upon  applications  for  mineral-land 
patents  are  five  dollars  to  each  officer,  to  be  paid  by 
the  applicant  for  patent  at  the  time  of  filing,  and  the 
like  sum  of  five  dollars  is  payable  to  each  officer  by 
an  adverse  claimant  at  the  time  of  filing  his  adverse 
claim.     (Sec.  2238,  R.  S.,  paragraph  9.) 

98.  At  the  time  of  payment  of  fee  for  mining  applica- 
tion or  adverse  claim  the  receiver  will  issue  his  re- 
ceipt therefor  in  duplicate,  one  to  be  given  the  ap- 
plicant or  adverse  claimant,  as  the  case  may  be,  and 
one  to  be  forwarded  to  the  Commissioner  of  the  Gen- 
eral Land  Office  on  the  day  of  issue.  The  receipt  for 
mining  application  should  have  attached  the  certificate 
of  the  register  that  the  lands  included  in  the  appli- 
cation are  vacant  lands  subject  to  such  appropriation. 

99.  The  register  and  receiver  will,  at  the  close  of 
each  month,  forward  to  this  office  an  abstract  of  min- 
ing applications  filed,  and  a  register  of  receipts,  accom- 
panied with  an  abstract  of  mineral  lands  sold,  and  an 
abstract  of  adverse  claims  filed. 

100.  The  fees  and  purchase  money  received  by  regis- 
ters and  receivers  must  be  placed  to  the  credit  of  the 
United  States  in  the  receiver's  monthly  and  quarterly 
account,  charg^ing  up  in  the  disbursing  account  the 
sums  to  which  the  register  and  receiver  may  be  re- 
spectively entitled  as  fees  and  commissions,  with 
limitations  In  regard  to  the  legal  maximum. 

HEARINGS  TO  DETERMINE  CHARACTER  OF 

LANDS. 


101.    The  Rules  of  Practice  in  cases  before  the  United 
States  district  land  offices,   the  General  Land  Office,- 


OF   THE   UNITED   STATES. 


H57 


and  the  Dopartniont  of  the  Interior  will,  so  far  as  ap- 
plicable, govern  in  all  cases  and  proceedings  arising 
in  contests  and  hearings  to  determine  the  mineral 
character  of  lands. 

102.  No  public  land  shall  be  withheld  from  entry  as 
agricultural  land  on  account  of  its  mineral  character, 
except  such  as  is  returned  by  the  surveyor-general  as 
mineral;  and  the  presumption  arising  from  such  a  re- 
turn may  be  overcome  by  testimony  taken  in  the  man- 
ner hereinafter  described. 

103.  Hearing's  to  determine  the  character  of  lards 
are  practically  of  two  kinds,  as  follows: 

(1)  Lands  returned  as  mineral  by  the  surveyor-gen- 
eral. 

When  such  lands  are  sought  to  be  entered  as  agri- 
cultural under  laws  which  require  the  submission  of 
final  proof  after  due  notice  by  publication  and  post- 
ing-, the  filing'  of  the  proper  nonmineral  affidavit  in 
the  absence  of  allegations  that  the  land  is  mineral 
will  be  deemed  sufficient  as  a  preliminary  requirement. 
A  satisfactory  showing'  as  to  character  of  land  must  be 
made  when  final  proof  is  submitted. 

In  case  of  application  to  enter,  locate,  or  select  such 
lands  as  agricultural,  under  laws  in  which  the  sub- 
mission of  final  proof  after  due  publication  and  posting 
Is  not  required,  notice  thereof  must  first  be  given  by 
publication  for  sixty  days  and  posting-  in  the  local 
office  during  the  same  period,  and  affirmative  proof 
as  to  the  character  of  the  land  submitted.  In  the 
absence  of  allegations  that  the  land  is  mineral,  and 
upon  compliance  with  this  requirement,  the  entry,  lo- 
cation, or  selection  will  be  allowed,  if  otherwise  reg- 
ular. 

(2)  Liand3  returned  as  agricultural  and  alleged  to  be 
mineral  In  character. 

Where  as  against  the  claimed  right  to  enter  such 
lands  as  agricultural  it  is  alleged  that  the  same  are 
mineral,  or  are  applied  for  as  mineral  lands,  the  pro- 
ceedings in  this  class  of  cases  will  be  in  the  nature  of 
a  contest,  and  the  practice  will  be  governed  by  the 
rules  in  force  in  contest  cases. 


■•■  tl 


!■; 


M 


M 


i 


RAILROAD  AND  STATE  SELECTIONS. 


104.    Where  a  railroad  company  seeks  to  f    ^ect  lands 
not  returned  as  mineral,  but  within  six  m  .es  of  any 


i^ 


168 


MINERAL  LAND  LAWS 


mining  location,  claim,  or  entry,  or  where  in  the 
case  of  a  selection  by  a  State,  the  lands  sought  to  be 
selected  are  within  a  township  in  which  there  is  a 
mining  location,  claim,  or  entry,  publication  must  be 
made  of  the  lands  selected  at  i'^e  expense  of  the 
railroad  company  or  State  for  a  period  of  sixty  days, 
with  posting  for  the  same  period  in  the  land  office 
for  the  district  in  which  the  lands  are  situated,  dur- 
ing which  period  of  publication  the  local  land  officers 
will  receive  protests  or  contests  for  any  of  said  tracts 
or  subdivisions  of  lands  claimed  to  be  more  valuable 
for  mining  than  for  agricultural  purposes. 

105.  At  the  expiration  of  the  period  of  publication 
the  register  and  receiver  will  forward  to  the  Commis- 
sioner of  the  General  Land  Office  the  published  list, 
noting  thereon  any  protests,  or  contests,  or  sugges- 
tions as  to  the  mineral  character  of  any  such  lands, 
together  with  any  information  they  may  have  received 
as  to  the  mineral  character  of  any  of  the  lands  men- 
tioned in  said  list,  when  a  hearing  may  be  ordered. 

106.  At  the  hearings  under  either  of  the  aforesaid 
classes,  the  claimants  and  witnesses  will  be  thor- 
oughly examined  with  regard  to  the  character  of  the 
land;  whether  the  same  has  been  thoroughly  pros- 
pected; whether  or  not  there  exists  within  the  tract 
or  tracts  claimed  any  lode  or  vein  of  quartz  or 
other  rock  in  place,  bearing  gold,  silver,  cinnabar,  lead, 
t:n,  or  copper,  or  other  valuable  deposit  which  has 
ever  been  claimed,  located,  recorded,  or  worked; 
whether  such  work  Is  entirely  abandoned,  or  whether 
occasionally  resumed;  if  such  lode  does  exist,  by 
whom  claimed,  under  what  designation,  and  in  which 
subdivision  of  the  land  it  lies;  whether  any  placer 
mine  or  mines  exist  upon  the  land;  if  so,  what  is  the 
character  thereof — whether  of  the  shallow-surface  de- 
scription, or  of  the  deep  cement,  blue  lead,  or  gravel 
deposits;  to  what  extent  mining  is  carried  on  when 
water  can  be  obtained,  a;.d  what  the  facilities  are  for 
obtaining  water  for  mining  purpo'^es;  upon  what  par- 
ticular ten-acre  subdivisions  mining  has  been  done,  and 
at  what  time  the  land  was  abandoned  for  mining  pur- 
poses, if  abandoned  at  all, 

107.  The  testimony  should  also  show  the  agricultural 
capacities  of  the  land,  what  kind  of  crops  are  raised 
thereon,  and  the  value  thereof;  the  number  of  acres 
actually  cultivated  for  crops  of  cereals  or  vegetables, 


OF   THK  UNITED   STATES. 


m 


ii 


and  within  which  particular  ten-acre  subdivision  such 
crops  are  raised;  also  which  of  these  subdivisions 
embrace  the  improvements,  giving  in  detail  the  extent 
fid  value  of  the  improvements,  such  as  house,  barn, 
vineyard,  orcnard,  fencing,  etc.,  and  mining  improve- 
ments. 

108.  The  testimony  should  be  as  full  and  complete 
as  possible;  and  in  addition  to  the  leading  points  in- 
dicated above,  where  an  attempt  is  made  to  prove  the 
mineral  character  of  lands  which  have  been  entered 
under  the  agricultural  laws,  it  should  show  at  what 
date,  if  at  all,  valuable  deposits  of  mineral  were  first 
known  to  exist  on  the  lands. 

109.  When  the  case  comes  before  this  ofHce,  such 
decision  will  be  made  as  the  law  and  the  facts  may 
justify;  in  cases  where  a  survey  is  necessary  to  set 
apart  the  mineral  from  the  agricultural  land,  the 
proper  party,  at  his  own  expense,  will  be  required  to 
have  the  work  done,  at  his  option,  either  by  United 
States  deputy,  county,  or  other  local  surveyor;  ap- 
plication therefor  must  be  made  to  the  register  and  re- 
ceiver, accompanied  by  a  description  of  the  land  to  be 
segregated,  and  the  evidence  of  service  upon  the  op- 
posite party  of  notice  of  his  intention  to  have  such 
segregation  made;  the  register  and  receiver  will  for- 
ward the  same  to  this  oflSce,  when  the  necessary  in- 
structions for  the  survey  will  be  given.  The  survey 
in  such  case,  where  the  claims  te  be  segregated  are 
vein  or  lode  claims,  must  be  executed  in  such  manner 
as  will  conform  to  the  requirements  in  Section  2320, 
United  States  Revised  Statutes,  as  to  length  and  width 
and  parallel  end  lines. 

110.  Such  surveys  when  executed  must  be  properly 
sworn  to  by  the  surveyor,  either  before  a  notary  pub- 
lic, officer  of  a  court  of  record,  or  before  the  reg- 
ister or  receiver,  the  deponent's  character  and  cred- 
ibility to  be  properly  certified  to  by  the  officer  admin- 
istering the  oath. 

111.  Upon  the  filing  of  the  plat  and  field  notes  of 
such  survey  with  the  register  and  receiver,  duly  sworn 
to  as  aforesaid,  they  will  transmit  the  same  to  the 
surveyor-general  for  his  verification  and  approval; 
who,  if  he  finds  the  work  correctly  performed,  will 
properly  mark  out  the  same  upon  the  original  town- 
ship plat  In  his  office,  and  furnish  authenticated  copies 
of  such  plat  and  description  both  to  the  proper  local 


■;-    i> 


m     31 


115 
it 


I 


I 


i*\ 


170 


MINERAL  LAND  LAWS 


land  office  and  to  this  office,  to  be  affixed  lo   tlie  du- 
plicate and  triplicate  township  plats  respectively. 

112.  With  the  copy  of  plat  and  description  furnished 
the  local  office  and  this  oflice,  must  be  a  diagram  trac- 
ing, verified  by  the  surveyor-general,  showing  the 
claim  or  claim  segregated,  and  designating  the  sepa- 
rate fractional  agricultural  tracts  in  each  40-acre 
legal  subdivision  by  the  proper  lot  number,  beginning 
with  No.  1  in  each  section,  and  giving  the  area  in  each 
lot,  the  same  as  provided  in  paragraph  45,  in  the  sur- 
vey of  mining  claims  on  surveyed  lands. 

113.  The  fact  that  a  certain  tract  of  land  is  decided 
upon  testimony  to  be  mineral  in  character  is  by  no 
means  equivalent  to  an  award  of  the  land  to  a  miner. 
In  order  to  secure  a  patent  for  such  land  he  must 
proceed  as  in  other  cases,  in  accordance  with  the 
foregoing  regulations. 

Blank  forms  for  proofs  in  mineral  cases  are  not  fur- 
nished by  the  General  Land  Office. 


MINERAL.      ENTRIES      WITHIN 

SERVES. 


FOREST      RE- 


T'he  following  is  an  extract  from  circular  entitled 
Rules  and  Regulations  governing  Forest  Reservations, 
established  under  Section  24  of  the  Act  of  March  3, 
1891  (26  Stat.  L.,  1095).  Approved  June  30,  1897.  (24  L.  D., 
589-593-594.) 


LOCATION  AND  ENTRY  OF   MINERAL  LANDS. 

19.  The  law  provides  that  "any  mineral  lands  in  any 
forest  reservation  which  have  been  or  which  may  be 
shown  to  be  such,  and  subject  to  entry  under  the 
existing  mining  laws  of  the  United  States  and  the 
rules  and  regulations  applying  thereto,  shall  continue 
to  be  subject  to  such  location  and  entry,"  notwith- 
standing the  reservation.  This  makes  mineral  lands 
in  the  forest  reserves  subject  to  location  and  entry 
under  the  general  mining  laws  in  the  usual  manner. 

20.  Owners  of  valid  mining  locations  made  and  held 
In  good  faith  under  the  mining  laws  of  the  United 
States  and  the  regulations  thereunder  are  authorized 
and  permitted  to  fell  and  remove  from  such  mining 
claims  any  timber  growing  thereon,  for  actual  mining 
purposes  in  connection  with  the  particular  claim  from 


Tn 


OF   THE   UNITED   STATES. 


171 


which  tho  timber  is  felled  or  removed.  (For  further 
use  of  timber  by  miners  see  below,  under  heading 
"Free  use  of  timber  and  stone.") 

FREE   USE   OF  TIMBER   AND   STONE. 

21.  The  law  provides  that  "The  Secretary  of  the 
Interior  may  permit,  under  regulations  to  be  pre- 
scribed by  him,  the  use  of  timber  and  stone  found 
upon  such  reservations,  free  of  charge,  by  bona  fide 
settlers,  miners,  residents,  and  prospectors  for  min- 
erals, for  firewood,  fencing,  buildings,  mining,  pros- 
pecting, and  other  domestic  purposes,  as  may  be  needed 
by  such  persons  for  such  purposes;  such  timber  to  be 
used  within  the  State  or  Territory,  respectively,  where 
such  reservations  may  be  located." 

This  provision  is  limited  to  persons  resident  in  forest 
reservations  who  have  not  a  sufficient  supply  of  tim- 
ber or  stone  on  their  own  claims  or  lands  for  the  pur- 
poses enumerated,  or  for  necessary  use  in  developing 
the  mineral  or  other  natural  resources  of  the  lands 
owned  or  occupied  by  them.  Such  persons,  therefore, 
are  permitted  to  take  timber  and  stone  from  public 
lands  in  the  forest  reservations  undei'  the  terms  of  the 
law  above  quoted,  strictly  for  their  individual  use  on 
their  own  claims  or  lands  owned  or  occupied  by  them, 
but  not  for  sale  or  disposal,  or  use  on  other  lands,  or 
by  other  persons:  Provided,  That  where  the  stumpage 
value  exceeds  one  hundred  dollars,  application  must  be 
made  to  and  permission  given  by  the  Department. 


if 


PART  III. 


FORMS. 


4n 


Blank  forms  for  proofs  !a  mineral  cases  are  not 
furnished  by  the  General  Land  Office.  See  paragraph 
113  of  the  Mining  Regulations,   p.  170. 

Unnecessary  verbiage  has  been  avoided  ar^d  the 
statements  so  made  as  to  cover  only  material  points. 


(4—689.) 
APPLICATION  TO  UNITED  STATES  SURVEYOR- 
GENERAL  FOR  SURVEY  OF  MINING  CLAIM. 


Denver,  Colo.,  January  25,  1893. 

UNITED  STATES  SURVEYOR  GENERAL, 

Denver,  Colorado. 
Sir:  T.  E.  Jenkins  et  al.,  claimants,  hereby  make 
application  for  an  official  survey,  under  the  provisions 
of  Chapter  Six,  Title  Thirty-two,  of  the  Revised  Stat- 
utes of  the  United  States,  and  regulations  and  in- 
structions thereunder,  of  the  mining  claim  known  as 
the  Cumro  Placier  and  Poorman,  Hawley,  Aetna,  and 
Podunk  lodes  and  the  Poorman  mill  site,  situate  in 
Pike's  Peak  Mining'  District,  El  Paso  County,  Colo- 
rado, in  Sections  17,  19  and  20,  Township  No.  14  S., 
Range  No.  69  W.  Said  claim  Is  based  upon  valid  loca- 
tions made  on  various  dates,  18 ,  and  duly  recorded 

on  various  dates,  18 ,  and  is  fully  described  in  the 

duly  certified  copies  of  the  record  of  the  location  cer- 
tificates filed  herewith.  Said  certificates  contain  the 
names  of  the  locators,  the  dates  of  location,  and  such 
a  definite  description  of  the  claim  by  reference  to 
natural  objects  or  permanent  monuments  as  will  iden- 
tify the  claim,  and  said  locations  have  been  distinctly 

173 


'4, 


t?i 


i  "■ 


i  f' 


? 


174 


MINERAL   LAND   LAWS 


marked  by  monuments   on  the  ground,   so   that  their 
boundaries  can  be  readily  traced, 

I  request  that  you  will  send  me  an  estimate  of  the 
amount  required  to  defray  the  expenses  of  platting  and 
other  work  in  your  offlce,  required  under  the  regula- 
tions, that  I  may  make  proper  deposit  therefor,  and 
that  thereupon  you  will  cause  the  survey  to  be  made 
by  A.  L.  Hawley,  United  States  deputy  mineral  sur- 
veyor, and  proper  action  to  be  taken  thereon  by  your 
office,  as  required  by  the  United  States  mining  laws 
and  regulations  thereunder. 

T.  E.  JENKINS, 
For   himself  and  co-claimants. 

P.  O.  address:    Denver, 

Arapahoe  County,  Colorado. 


ss. 


LOCATION   CERTIFICATE— LODE   CLAIM. 

State  of 

County  of 

KNOW   ALL  MEN   BY  THESE   PRESENTS,    That 

,   the  undersigned  citizen.,   of  the 

United  States  (or,  having  declared  intention  of 

becoming  ..,.  citizen..)  ha.,   this  day  of 

18 located   and  claimed,    and   by 

these- presents  do....  locate  and  claim  by  right  of  dis- 
covery and  location,  in  compliance  with  the  Mining 
Acts  of  Congress,  approved  May  10,  1872,  and  all  sub- 
sequent acts  and  with  local  customs,  laws,  and  regu- 
lations,   as   well    as    with    the    laws    of    the    State    of 

linear  feet  and 

horizontal  measurement  on   the    

lode,  vein,  ledge,  or  deposit,  along  the  vein  thereof, 
with  all  its  dips,  angles  and  variations,  as  allowed  by 

law,  together  with  feet  on  each  side  of  the 

middle  of  said  vein  at  the  surface,  so  far  as  can  be  de- 
termined from  present  developments;  and  all  veins, 
lodes,   ledges,   or  deposits,  and  surface  ground  within 

the  lines  of  said  claim feet  running  ° 

'  "  from  the  center  of  the  discovery  shaft, 

and feet  running °  '  "  from 

the  center  of  said  discovery  shaft,  said  discovery  shaft 
being  situate  upon  said  lode,  vein,  ledge,  or  deposit, 
and  within  the  lines  of  said  claim,  In  


y>. 


■■waa 


U 


OF   THE   UNITED   STATES. 


17B 


Mining  District,  County  of   and   State 

of   ,  described  by  metes   and 

bounds,  as  follows,  to  wit: 

(Here  give  as  perfect  a  description  of  the  claim  as 
possible  in  order  to  fix  the  locus  giving  approximate 
bearings  to  prominent  fixed  objects  in  the  neighbor- 
hood or  neighboring  claims.) 


.[Seal.l 
.[Seal.] 
.[Seal.] 


Said  lode  was  discovered 

on  the   day  of 

189.. 

Date  of  location 189. 

Date    of    Certificate 

189.. 

(Note— Under  the  laws  of  Oregon,  which  are  ap- 
plicable to  the  Territory  of  Alaska,  this  location  notice 
should  be  recorded  within  thirty  (30)  days  from  the 
date  of  discovery  and  location,  although  continuous 
working  of  the  claim  obviates,  under  these  laws,  the 
necessity  of  recording  said  notice.  The  notice  should 
by  all  means  be  recorded  as  a  measure  of  safety. 

Under  the  Montana  statutes  the  notice  of  location 
must  be  verified  by  the  oath  of  the  locator  or  his 
agent.  This  is  not  necessary,  however,  under  the  laws 
of  Oregon. 

Should  the  locator  desire  to  amend  his  location  to 
take  in  abandoned  ground,  to  change  the  boundaries, 
or  to  make  the  description  more  certain  and  perfect, 
the  amended  location  should  specifically  state  the  pur- 
pose of  amendment,  and  that  such  amendment  is  made 
without  waiver  of  rights  and  privileges  under  the 
original  locution,  giving  the  date  thereof. 

This  form,  with  slight  modifications,  can  be  appro- 
priately used  for  a  mill-site  location.) 


AMENDED  LOCATION  CERTIFICATE. 


State  of  — 
County  of 


j_      I  ss. 


KNOW  ALL   MEN    BY  THESE   PRESENTS,    That 

the   undersigned,    ha.,    this    

day  of   amended,   located,   and 


5    <' 
i 

f 
f     I 


f 


i: 


17B 


MINERAL   LAND   LAWS 


claimed,  and  by  these  presents  do.,  amend,  locate,  and 
claim,  by  right  of  discovery  and  amended  location,  in 
compliance  with  the  mining  acts  of  Congress,  ap- 
proved May  10,  1872,  and  all  subsequent  acts,  and  with 

local  customs,  laws,  and  regulations  linear 

feet  and  horizontal  measurement,   on  the   

lode,  vein,  ledge,  or  deposit,  along  the  vein  thereof, 
with  all  its  dips,  angles  and  variations,  as  allowed  by 

law,  together  with   feet  on  each  side  of  the 

middle  of  said  vein  at  the  surface,  so  far  as  can  be 
determined  from  present  developments,  and  all  veins, 
lodes,  ledges,  or  deposits  and  surface  ground  within 
the  lines  of  said  claim  feet  running  east- 
erly      from  center  of  discovery   point  in 

tunnel and feet  running westerly 

from  center  of  discovery  point  

said  discovery  point  being  situate  upon 

said  lode,  vein,  ledge,  or  deposit,  and  within  the  lines 

of  said  claim  in  Mining  District,  County  of 

and   State   of   described  by 

metes  and  iDOunds  as  follows,  to  wit: 
(Here  describe  the  claim  by  metes  and  bounds.) 
This  being  the  same  lode  originally  located  on   the 

day   of    ,    and   recorded    on    the 

day  of  in  Book  

Page ,  in  the  office  of  the  Recorder  of  

County.  This  further  and  amended  certificate  of  loca- 
tion is  made  without  waiver  of  any  previously  acquired 
rights,  but  for  the  purpose  of  correcting  any  errors 
in  the  original  location,   description,  or  record   


Said  lode  was  discovered 

the day  of , 

A.  D 

Attest: 

Date  of  amended  location 

Date  of  amended  certifi- 
cate   ,  A.  D 


.[Seal.] 
.[Seal.] 
.[Seal.] 
.[Seal.] 
.[Seal.] 
.[Seal.] 
.[Seal.] 


OF  THE  UNITED  STATES. 


177 


LOCATION    CERTIFICATE— PLACER   CLAIM. 


■^ 


m 


\   1 


state  of..., 
County  of. 


ss. 


KNOW  ALL  MEN   BY   THESE   PRESENTS,   That 

,    the  undersigned    citizen.,    of   the 

United  States  (or  having  declared  intention  of 

becoming  citizen..)  ha.,  this   day  of 

18..    located    and    claimed,    and    by 

these  presents  do locate  and  claim  by  right  of  dis- 
covery and  location,  in  compliance  with  the  Mining 
Act  of  Congress,  approved  May  10,  1872,  and  all  sub- 
sequent acts  and  with  local  customs,  laws,  and  regu- 
lations,   as    well    as    with    the    laws    of    the    State    of 

the    following 

described  placer  mining  ground,  to-wit:  (If  the  claim 
is  located  upon  surveyed  land,  and  embraces  the  sub- 
divisions of  the  governmental  rectangular  surveys, 
the  description  of  the  claim  should  be  by  legal 
subdivisions  if  practicable.)  (Here  describe  the 
claim  as  accurately  as  possible  by  courses  and  dis- 
tances, and  also  give  approximate  bearings  to  some 
prominent  fixed  object  or  permanent  monument.  The 
boundaries  should  be  marked  by  monuments  at  least 

at  the  corners)  situated  in   Mining 

District,  County  of   and  State  of 


This  claim  shall  be  known  as  the  

Placer  Mining  Claim,  and  it  is  intended  to  work  the 
same  in  accordance  with  the  law  and  regulations  ap- 
plicable thereto. 

Dated  on  the  ground  this    \ / [Seal.] 


day  of 


18.., 


( 


.[Seal.] 


LOCATION    CERTII'^ICATE    OP    MILL    SITE. 

To  all  whom  these  presents  may  concern: 
KNOW  YE,   That   I,   John  Smith,   of   the  County  of 


-,  and  State  of 


-,  do  hereby  (U'clarc 
and  publish  as  a  legal  notice  ^o  all  the  world,  tliat 
T    have   a  valid    right    to    the   occupation,    possession. 


ir--' 

J 


r, 


178 


MINERAL   LAND   LAWS 


and  enjoyment  of  all  and  singular  that  tract  or  parcel 
of  land,  not  exceeding  five  acres,  situate,  lying  and 
being  in  the  County  of  ,  and  State  of  


,  bounded  and  described  as  follows: 

Poorman  Mill  Site. 
(Here  describe  the  claim  by  metes  and  bounds.) 
Containing  ....  acres,  more  or  less. 


Together  with  all  and  singular  the  hereditaments 
and  appurtenances  thereto  belonging  or  in  anywise 
appertaining". 

Witness  my  hand  and  seal  this  day  of 


A.  D.  IC. 


[Seal.] 


JOHN   SMITH. 


LOCATION    CERTIFICATE— TUNNEL    CLAIM. 

State  of ) 

County  of ) 

KNOW  ALL  MEN   BY   THESE   PRESENTS,    That 

the  undersigned  citizen.,   of  the 

United  States  (or  having  declared  intention  of 

becoming  —  citizen..)  ha.,   this  day  of 

18..    located    and    claimed,    and    by 

these  presents  do locate  and  claim  by  right  of  loca- 
tion and  in  conformity  with  law,  local  and  statutory, 
especially  Section  2323,  U.  S.  Revised  Statutes,  a  tun- 
nel claim  three  thousand  (3,000)  feet  in  length  from  the 
face  at  which  this  notice  is  posted,  for  the  purpose 
of  discovering,  exploiting  and  working  on  the  line 
thereof,  mineral-bearing  veins,  lodes,  or  deposits. 

The  tunnel  claim  hereby  located  is  described  as  fol- 
lows, to-wit:  (Here  give  the  courses  and  distances  of 
boundaries  as  staked  on  the  surface,  marking  the  line 
of  the  tunnel  from  the  face,  and  also  bearings  to 
natural  objects,  so  as 'to  definitely  fix  the  locus)  situ- 


I 


OF   THE  UNITED   STATES. 


170 


ate  In  Mining  District,  County  of 

,  and  State  of  


Dated     on     the     ground 
18.... 

(This  location  should  be  duly  recorded  the  same  as 
other  locations.) 


NOTICE  OF  FORFEITURE  TO  A  CO-OWNER. 


State  of... 
County  of. 


} 


ss. 


To 

You  are  hereby  notified  that, 

the  undersigned,  ha expended  in  labor  or  improve- 
ments upon   the    Mining  Claim,   as 

part  owner. .  thereof,  the  sum  of  

dollars,  the  same  being  the  expenditure  required  by 
law  to  maintain  the  possessory  right  thereto  for  the 
year..  18 ;  and  that  upon  your  failure  to  contrib- 
ute within  ninety  (90)  days  from  this  notice  your  pro- 
portion of  such  required   expenditure,   all  right,    title, 

and   interest   in   and  to   said    Mining 

claim  (here  describe  claim,  referring  to  location  record 
if  possible)  will  be  forfeited  and  become  the  property 
of  the  undersigned. 


(Note:  This  notice  should  be  served  personally  upon 
the  delinquent  co-owner,  or  by  publication.  See  para- 
graph 18  9f  the  Mining  Regulations,  page  129  hereof. 
In  case  notice  is  given  by  publication,  the  publisher's 
affidavit  is  a  necessary  part  of  evidence  of  forfeiture.) 


m 


1 


AFFIDAVIT  OF  FAILURE  OF  CO-OWNER  TO  CON- 
TRIBUTE HIS  PROPORTION  OF  ANNUAL 
ASSESSMENT    WORK. 

State  of ) 

County  of f*    ' 

being  duly  sworn,   de- 
poses and  says  that  for  the  year  ending  ,.., 


r 


180 


MINERAL   LAND  LAWS 


18 ,  he  expended  as  required  by  Section  2324,  U.  S. 

Rev.  Stats.,  at  least  dollars  in  labor 

and   improvements   upon  and  for  the  benefit  and  de- 
velopment  of  the   lode   (or   placer) 

mining  claim, ^  situate  in  Mining  Dis- 
trict, County  of and  State  of ; 

that  due  notice   thereof  was   personally  served   upon 

co-owner,  on  the  

day  of  18 (or  was  duly  published  in 

the  newspaper,  as  appears  from  the 

affidavit  of  the  publisher  herewith),  and  said  co-own- 
er., ha failed  and  refused  to  contribute  

share  of  said  annual  assessment  work  within  the  time 
prescribed  by  law,  or  at  all. 


Subscribed  and  sworn  to  before  me  this 
day  of  ,  18 


(Note:  The  notice,  this  afRdavit,  and  the  affidavit 
of  the  publisher,  should  be  placed  of  record  in  the 
office  of  the  Mining  or  County  Recorder.) 


AFFIDAVIT    OF   ANNUAL    ASSESSMENT   WORK. 

State  of i  „„ 

J.  ss. 

County  of \ 

being  duly  sworn,  de- 
poses and  says  that  there  was  expended  upon  or  for 
the  benefit  of  the  mining  claim,  situ- 
ate in  the  Mining  District,   County 

of  ,  and  State  of  by  the 

owner.,   of  said  claim  during  the  year  A.    D.  18 

at  least  dollars. 


Subscribed  and  sworn  to  before   me   this 
day  of  IS.... 


\. 


u 


Notary  Public. 


1    If  the  location  Is  of  record,   make  reference  to  lK>ok  »pcl 
page  thereof. 


OF   THE   UNITED   STATES. 


Igl 


(Note:  This  affidavit  should  be  filed  in  the  proper 
office  for  recording  as  a  measure  of  caution  for  the 
preservation  of  the  evidence.) 


POWER  OF  ATTORNEY  TO  APPLY  FOR  PATENT. 

KNOW  ALL  MEN  BY  .THESE  PRESENTS,  That 
and do  here- 
by constitute  and  appoint  our 

attorney  in  fact,  for  us  and  in  our  names,  to  take 
any  and  all  steps  that  may  be  necessary  to  procure 
from  the  Government  of  the  United  States   a  patent 

for  the  lode  mining  claim  (or  placer), 

situate  in   Mining  District,  County  of 

and  State  of  granting 

the  same  to  us.  And,  further,  to  do  any  and  all  acts 
in  the  premises  as  we  ourselves  could  do  by  our  own 
act  and  in  our  own  proper  person. 

IN    WITNESS    WHEREOF   we    have    hereunto    set 

our  hands  and  affixed  our  seals  the  

day  of  A.  D.   18 


PROOF  OF  POSTING  OF  NOTICE  AND  PLAT  UPON 
THE  BLANK  LODE  MINING  CLAIM. 


fi 


ill 
III 


John  Smith  and  Henry  White,  being  first  duly  sworn 
according  to  law,  each  for  himself,  and  not  one  for 
the  other,  deposes  and  says  that  on  the  tenth  day  of 
April,  A.  D.  1896,  he  was  present  on  the  Blank  Lode 
■  mining  claim  when  there  was  posted  in  a  conspicuous 
place  upon  said  claim,  to-wit,  on  the  discovery  shaft 
house,  a  plat  of  mineral  survey  No.  7777,  approved  by 
the  United  States  Surveyor  General  of  the  State  of 
Colorado,  together  with  a  notice  of  the  application  of 
John  Smith  for  a  United  States  patent  for  said  min- 
lug  claim,  and  that  a  true  copy  of  the  notice  so  posted 
is  hereto  attached  and  made  a  part  hereof. 

tTwo  witnesses  sign  here.]  JOHN   SMITH, 

HENRY   WHITE. 


lit'l 


182 


MINERAL  LAND  LAWS 


State  of  Colorado,      | 
County  of  El  Paao.    f  '"'•. 

Subbcribed  and  sworn  to  before  me   this   tenth  day 
of  April,  A.  D.  189G. 
[Seal.]  •  RICHARD   JONES, 

Notary  Public. 

(Note:    Affix  copy  of  posted  notice  to  this  affidavit 
as  a  part  thereof.) 


APPLICATION   FOR   PATENT  FOR   THE    BLANK 
LODE  MINING  CLAIM. 

Before   the    United    States   Land   Office    at    Pueblo, 

Colorado. 

John  Smith,  being  first  duly  sworn  according  to  law, 
deposes  and  says:  [If  attorney  for  applicant,  so  state.] 
That  by  virtue  of  a  compliance  with  the  terms  of 
Chapter  six  of  Title  thirty-two,  United  States  Revised 
Statutes,  and  acts  supplemental  thereto  or  amendatory 
thereof,  and  with  the  lav«rs  of  the  State  of  Colorado, 
and  with  the  miners'  customs  and  regulations  of  the 
Cripple  Creek  Mining  District,  he  is  the  owner  of  and 
in  the  undisputed  possession  of  the  Blank  Lode  min- 
ing claim,  bearing  gold  and  silver,^  the  same  being- 
mineral  survey  No.  7777,  situate  in  the  Cripple  Creek 
Mining  District,  County  of  El  Paso,  State  of  Colorado, 
as  is  more  fully  shown  by  the  abstract  of  title,  plat 
and  field  notes  of  survey  and  other  papers  filed  here- 
with and  made  a  part  hereof. 

That  by  such  compliance  with  the  laws,  customs  and 
regulations,  he  is  entitled  to  a  patent  from  the  United 
States  for  the  said  Blank  Lode  mining  claim,  and  here- 
by makes  application  for  such  patent. 

JOHN    SMITH. 


1  If    a   mill   site   is   applied   for   in    connection   with    a   lode 

claim,   Insert   "and  the  mill   site,   a   tract  of  non-mineral 

land,    vised    and    occupied    for   mining    and   milling    purposes    in 
connection  with  said  lode  claim." 

2  If  the  claim  is  a  placer,  taken  by  legal  subdivisions.  Insert 
description  of  the  land. 


Of  the  united  states. 

State  of  Colorado,      { 
County  of   El  Paso. 


188 


ss. 


Subscribed  and  sworn  to  before  me  this  eleventh  day 
of  April,  A.  D.  1896. 

[Seal,]  RICHARD   JONES. 

Notary  Public. 


receiver's  receipt. 
Mineral  application. 


u 


(Original   to   be   immediately   forwarded    to   General 
Land  Office.    Duplicate  to  be  given  applicant.) 


n.i 


Mineral  Application  No.. 
Mineral  Survey  No 


united  states  land 

OFFICE, 

at 

189.. 


Received  from 


the  sum  of  ten  dollars,  being  the  fee  of  five  dollars 
payable  to  the  Register  and  five  dollars  payable  to 
the  Receiver,  under  paragraph  9  of  Section  2238,  United 
States   Revised   Statutes,    for   filing    and   acting  upon 

mineral  application  No for  a  patent 

to    the    


mining    claim.., 

situate  in  Section   in  Township  No. 

of  Range..  No 

Meridian,    designated   as    Mineral 

Survey    No, ;     exclusive    of   con- 
flict,,  with  the  following  mining  claim.,   or  survey.,, 


m 


i 


184 


MINERAL  LAND  LAWS 


Receiver. 


I  hereby  certify  that  the  mining  claim.,  to  which  a 

patent  is  applied  for  as  aforesaid,  containing  

acres free  from 

conflict  with  any  existing  application  or  entry,  and 
vacant  land  subject  to  such  appro- 
priation, as  appears  from  examination  of  the  records 
of  this  office. 


Register. 


.,   189.. 


AGREEMENT    OF    PUBLISHER. 


:l 


ss. 


State  of  Colorado 
County  of 

I,  the  undersigned,  publisher  of  the  Cripple  Creek 
Herald,  do  hereby  agree  to  publish  a  notice  of  the 
application  of  John  Smith  for  a  United  States  patent 
for  the  Blank  Lode  mining  claim,  situate  in  the 
Pueblo,  Colorado,  Land  District,  as  such  notice  is  re- 
quired by  law  to  be  published,  and  to  hold  the  said 
John  Smith  alone  responsible  for  the  charges  and  ex- 
pense of  such  publication,  and  do  expressly  agree  to 
make  no  charge  or  claim  against  the  government  of 
the  United  States,  its  officers  or  agents,  on  account  of 
such  publication. 

ROBERT  GREEN. 

Signed  this  eleventh  day  of  April,  A.  D.,  1896,  in  the 
presence  of  Samuel  Johnson. 


AFFIDAVIT    OF    PUBLISHER. 


Robert  Green,  being  first  duly  sworn  according  to 
law,  deposes  and  says  that  he  is  the  publisher  of  the 
Cripple  Creek  Herald,  a  newspaper  of  general  circu- 
lation, published  in  Cripple  Creek,  State  of  Colorado; 


OP  THE  UNITED  STATES. 


185 


that  a  notice,  of  which  the  annexed  notice  is  a  true 
copy,  of  the  application  of  John  Smith  for  a  United 
States  patent  for  the  Blank  Lode  mining  claim,  was 
published  in  every  regular  weekly  issue  of  said  news- 
paper and  not  in  a  supplement,  from  the  sixteenth  day 
of  April,  A.  D.  1896,  to  and  including  the  eighteenth 
day  of  June,  A.  D.  1896,  said  notice  being  published 
during  ten  consecutive  weeks. 

ROBERT    GREEN. 
State  of  Colorado,       I 
County  of  El  Paso,   i      ' 

Subscribed  and  sworn  to  before  me  this  nineteenth 
day  of  Jure,  A.  D.  1896. 

[Seal.]  RICHARD   JONES, 

.  Notary  Public. 

(Note:    Affix  printed  copy  of  published  notice  to  this 
affidavit  as  a  part  thereof.) 


NOTICE   TO  BE  PUBLISHED. 


Mineral  Application  No. 


United  States  Land  Office,  Pueblo,  Colorado. 

April  11,  1896. 

Notice  is  hereby  given  that  John  Smith,  whose  post- 
office  address  is  Cripple  C^eek^  Colorado,  has  made 
application  for  a  United  States  patent  for  the  Blank 
Lode  mining  claim,  mineral  survey  No.  7777,  situate  in 
the  Cripple  Creek  Mining  District,  County  of  El  Paso, 
State  of  Colorado,  covering  395  feet  of  the  Blank  Lode 
in  a  northerly  direction  from  the  discovery  shaft,  and 
234.88  feet  in  a  southerly  direction  therefrom,  and  lying 
in  the  W.  i/^  of  Sec.  32,  T.  15  S.,  R.  69  W.,  and  more 
particularly  described  as  follows: 

Beginning  at   Cor.    No.  1,   a  pine  post  in  mound  of 
rocks,  marked  1—7777,  whence  the  W.   i/4  Cor.   of  Sec. 
32,    T.    15    S.,    R.    69   W.,    6th   P.-M.,    bears   N.    87°    13' 
W.,   2043.33  feet,  and  running  thence, 
N.  16°  42'  E.,  629.88  feet  to  Cor.  No.  2.    Thence, 
S.  74°  47'  E.,  285.1  feet  to  Cor.  3.    Thence, 
S.  16°  42'  W.,  629.88  feet  to  Cor.  No.  4.    Thence, 
N.  74°  47'  W.,  285.1  feet  to  Cor.  No.  1,  place  of  beginning, 


isd 


MINERAL  LAND  LAWS 


containing,',   exclusive   of   conflict  with   mineral  survey 
No.  7iKtO,  Koluiyo  lode  claim,  4,07  acres. 

Tlie  notice  of  location  of  this  claim  is  recorded  in 
the  office  of  the  Recorder  of  El  Paso  County,  at  page 
123  of  Book  L.  of  Locations. 

Neighboring  or  adjoining  claims  are,  the  Kohnyo 
lode  on  the  north,  claimant  unknown,  and  the  Mt. 
Rosa  placer  on  the  south,  Jacob  Green,  claimant. 

JOHN    WILKINS, 
Register. 


NOTICE  TO  BE  POSTED    UPON    CLAIM    (V    TH 

PLAT). 
Same   as  above,   omitting  Land   Office  caption,    and 
to  be  signed  by  claimant  instead  of  by  the  Register. 


PROOF    OF   CONTINUOUS    POSTING   OF   NOTICE 

AND  PLAT  UPON  THE  BLANK  LODE 

MINING   CLAIM. 

John  Smith,  being  first  duly  sworn  according  to  law, 
deposes  and  says  that  he  is  the  applicant  for  patent 
for  the  Blank  Lode  mining  claim,  mineral  survey  No. 
7777,  situate  in  the  Cripple  Creek  Mining  District,  Coun- 
ty of  El  Paso,  and  State  of  Colorado. 

That  a  notice  of  his  applIcatio«  for  a  United  States 
patent  for  said  mining  claim,  together  with  a  plat  of 
the  official  survey  of  said  claim,  approved  by  the  United 
States  Surveyor  General  of  Colorado,  remained  posted 
in  a  conspicuous  place  upon  said  Blank  Lode  mining- 
claim  from  the  tenth  day  of  April,  A.  D.  1896,  to  and 
including  the  first  day  of  July,  A.  D.  1896. 

JOHN    SMITH. 
State  of  Colorado,     |  __ 
County  of  El  Paso.  |      ' 

Subscribed  and  sworn  to  before  me  this  second  day 
of  July,  A.  D.  1896. 

[Seal.]  RICHARD   JONES, 

Notary  Public. 


AFFIDAVIT  OF  CITIZENSHIP   (NATIVE). 

John  Smith,  being  first  duly  sworn  according  to  law, 
deposes  and  says  that  he  is  the  identical  John  Smith 


Op  THE  UNITED   STATES. 


18t 


who  Is  an  applicant  for  i)atent  for  the  Blank  IakIc 
mining  claim,  mineral  survey  No.  7777,  in  tlu>  l*u»'lil<), 
Colorado,  Land  District;  that  he  is  a  nalive-i)orn  citi- 
zen of  the  United  States,  born  in  Detroit,  Michigan, 
In  the  year  1860,  and  Is  now  a  resident  of  Cripple  Creek, 
Colorado.  JOHN  SMITH. 


ss. 


State  of  Colorado, 
County  of  El  Paso. 

Subscribed  and  sworn  to  before  me  this  eleventh  day 
of  April,  A.  D.  1896. 

[S'^al.]  RICHARD  JONES, 

Notary  Public. 


AFFIDAVIT    OF    CITIZENSHIP    (NATURALIZED). 

John  Smith,  being-  first  duly  sworn  according  to  law, 
deposes  and  says  that  he  is  the  identical  John  Smith 
who  is  an  applicant  for  patent  for  the  Blank  Lode 
mining  claim,  mineral  survey  No.  7777,  in  the  Pueblo, 
Colorado,  Land  District;  that  he  is  a  naturalized  citi- 
zen of  the  United  States,  born  in  London,  England, 
in  the  year  I860,  and  was  naturalized  before  the  Dis- 
trict Court  for  El  Paso  County,  State  of  Colorado,  on 
the  thirtieth  day  of  October,  A.  D.  1890,  and  is  now  a 
resident  of  Cripple  Creek,   Colorado. 

JOHN    SMITH. 
State  of  Colorado,       '  «« 
County  of  El  Paso.    ^  " 

Subscribed  and  sworn  to  before  me  this  eleventh  day 
of  April,  A.  D.  1896. 

[Seal.]  RICHARD  JONES, 

Notary  Public. 


^1 


.Ml 


h'^ 


l\ 


SWORN    STATEMENT   OF    FEES   AND   CHARGES. 

John  Smith,  being  first  duly  sworn  according  to  law, 
deposes  and  says  that  he  is  the  applicant  for  patent 
for  the  Blank  Lode  mining  claim,  mineral  survey  No. 
7777,  in  the  Pueblo,  Colorado,  Land  District. 

That  in  the  prosecution  of  said  application  he  has 
paid  out  in  the  manner  below  indicated  the  following 
named  sums  and  no  more,  to-wit: 


If- 


188 


MINERAL  LAND   LAWS 


To  United  States  Deputy  Mineral  Surveyor $75.00 

To  credit  of  United  States  Surveyor  General  for 

office  work  35.00 

Fee  for  filing  application  for  patent 10.00 

For  publication  of  notice  of  application  for  patent.  20.00 

Purchase  price  of  land  entered 25.00 

JOHN    SMITH. 

State  of  Colorado,        >  .         , 

County  of  El  Paso,     f  ^*'"  • 

Subscribed  and  sworn  to  before  me  this  first  day  of 
September,  A.-D.   1896. 

[Seal.]  RICHARD   JONES, 

Notary  Public. 


PROOF    OF   NO    KNOWN    VEINS    IN   A    PLACER 

CLAIM. 

John  Smith  and  Henry  White,  being  first  duly  sworn 
according  to  law,  each  for  himself  and  not  one  for  the 
other,  deposes  and  says  that  he  is  well  acquainted  with 
the  Blank  placer  mining  claim,  the  same  being— ,^ 
having  been  frequently  over  and  upon  the  same;  that 
his  knowledge  of  the  character  of  the  land  embraced 
in  said  claim  is  such  as  to  enable  him  to  testify  under- 
standingly  relative  thereto;  that  there  is  not,  to  the 
best  of  his  knowledge  and  belief,  within  the  limits  of 
said  placer  claim  any  vein,  lode  or  ledge  of  mineral- 
bearing  rock  in  place. 

[Two  witnesses  sign  here.]  JOHN   SMITH. 

HENRY    WHITE. 
State  of  Colorado, 
County  of  


[  ss. 


Subscribed  and   sworn   to  before   me  this  tenth  day 
i.:  April,  A.  D.  1896. 

y      .  RICHARD   JONES. 

Notary  Public. 


1    Note:— If  tlio  placer  Is   taken  by  legal  subdivisions.  Insert 
description;  otherwise  give  tbo  ortlclul  survey  lunnber. 


OF   THE  UNITED  STATES. 


189 


PROOF  OF  TIIS  NON-MINERAL.  CHARACTER  OP 

A   MILL    SITE. 

John  Smith  and  Henry  White,  being  first  duly  sworn 
according  to  law,  each  for  himself  and  not  one  for  the 
other,  deposes  and  says  that  he  is  well  acquainted 
with  that  certain  tract  ji'  parcel  of  land  known  as  the 
Blank  mill  site,  the  same  being  mineral  survey  No. 
7777,  having  been  frequently  over  and  upon  the  same; 
that  his  knowledge  of  the  character  of  said  land  is 
such  as  to  enable  him  to  testify  understandingly  rela- 
tive thereto;  that  there  is  not,  to  the  best  of  his  knowl- 
edge and  belief,  within  said  mill  site  claim  any  vein, 
lode  or  ledge  of  mineral-bearing  rock  in  place,  nor  is 
there  within  said  claim  any  valuable  mineral  deposit; 
but  the  land  covered  by  said  mill  site  claim  is  essen- 
tially non-mineral  in  character. 

[Two  witnesses  sign  here.]  JOHN    SMITH. 

HENRY    WHITE. 


State  of  Colorado, 
Count/  of  


{■  ss. 


Subsc/ibed  and  sworn  to  before  me  this  tenth  day 
of  ^ipril,  A.  D.  1896. 

RICHARD    JONES, 
Notary  Public. 


m 


m 


ADVERSE    CLAIM    AND    PROTEST. 

Before    the    L^nited    States    Land    Office    at    Pueblo, 

Colorado. 

Free  Silver  Lode  vs.  Blank  Lode. 

In  the  matter  of  the  application  of  John  Smith  for  a 
United  States  patent  for  the  Blank  Lode  mining  claim. 

To  the  Honorable  Register  and  Receiver: 

Whereas,  John  Smith  did,  on  the  eleventh  day  of 
April.  A.  D.  ISilO,  file  In  the  ITiiited  States  Land  Office 
at  IMiohlo.  State  of  ro'.orado,  his  application  for  a 
ITnitod  Stales  patent  for  the  protended  Blank  Lode 
mining  claim,  mineral  survey  No.  7777,  situate  in  the 


100 


MINERAL  LAND   LAWS 


Cripple  Creek  Mining  District,  County  of  El  Paso, 
State  of  Colorado,  and  has  given  notice  of  his  said 
application  for  patent,  the  legal  period  of  sixty  days 
of  publication  and  posting  of  said  notice  not  yet  hav- 
ing expired: 

Now,  therefore,  comes  the  Free  Silver  Mining  Com- 
pany, by  William  Jones,  its  duly  authorized  agent,  on 
this  first  day  of  June,  A.  D.  1896,  and  enters  this  its 
protest  against  the  allowance  of  mineral  entry  upon 
said  application  for  patent  for  said  pretended  Blank 
Lode  mining  claim,   for  that,  to-wit: 

I.  "Because  the  said  pretended  Blank  Lode  mining 
claim,  applied  for  as  aforesaid,  is  not  the  property  of 
the  said  John  Smith,  nor  is  the  applicant  for  patent 
aforesaid  entitled  to  hold  the  same  under  the  laws  of 
the  United  States  or  of  the  State  of  Colorado,  or  the 
miners'  customs  and  regulations  of  the  Cripple  Creek 
Mining  District. 

II.  Because  a  great  portion  of  the  paid  pretended 
Blank  Lode  mining  claim  (which  portion  is  described 
in  the  plat  filed  herewith  and  made  a  part  hereof, 
made  and  certified  by  a  United  States  Deputy  Mineral 
Surveyor)  is  owned  by  and  in  the  possession  of  your 
protestant  as  the  Free  Silver  Lode  mining  claim,  as 
Is  shown  by  the  abstract  01  title  to  said  Free  Silver 
Lode  mining  claim,  fi.Ied  herewith  and  made  a  part 
hereof,  which  said  ownership  and  possession  is  vested 
In  your  protestant  by  virtue  of  a  location  of  the  said 
Free  Silver  Lode  mining  claim  upon  the  vacant,  un- 
appropriated public  domain,  in  strict  accordance  and 
compliance  with  the  laws  of  the  United  States,  of  tho 
State  of  Colorado,  and  with  the  miners'  customs  and 
regulations  of  the  Cripple  Creek  Mining  District,  the 
notice  of  which  said  location  Is  recorded  in  the  office 
of  the  County  Recorder  of  El  Paso  County,  Colorado, 
at  page  1  of  Book  M  of  Locations,  which  said  location 
was  made  by  Thomas  Jenkins,  and  was  conveyed  by 
him  to  your  protestant. 

III.  Because  the  said  pretended  Blank  Lode  mining 
claim,  ai)plled  for  as  aforesaid,  or  a  great  portion 
thereof,  overlaps,  conflicts  with  and  embraces  the  said 
Free  Silver  Lode  mining  claim  of  your  protestant,  as 
Is  shown  by  the  plat  of  survey  filed  herewith  and  made 
a  part  hereof,  made  and  certified  by  a  United  States 
Deputy  Mineral  Surveyor,  which  plat  shows  the  true 


OF   THE  UNITED   STATES. 


101 


relative  positions  of  the  said  pretended  Blanlc  Lode 
mining  claim  applied  for  as  aforesaid,  and  of  the  said 
Free  Silver  Lode  mining-  claim  of  your  protestant. 

Wherefore,  your  protestant  does  pray  that  all  pro- 
ceedings before  the  Land  Department,  looking  to  the 
allowance  of  mineral  entry  upon  said  application  for 
patent  for  the  said  pretended  Blank  I  ode  mining  claim, 
or  the  issuance  of  patent  for  the  same,  be  suspended 
as  provided  by  Section  2326  of  the  United  States  Re- 
vised Statutes,  to  the  end  that  your  protestant  may 
secure  a  determination  of  its  adverse  claim  and  right 
in  a  court  of  competent  jurisdiction,  in  accordance 
with  the  statute  for  such  cases  made  and  provided. 

And  for  further  cause  of  protest  against  the  appli- 
cation for  patent  for  said  pretended  Blank  Lode  min- 
ing claim,  your  protestant  alleges  that  neither  the 
applicant  for  said  Blank  Lode  claim  nor  his  grantor 
have  ever  made  a  legal  discovery  upon  said  claim  of  a 
vein  or  lode  of  mineral-bearing  rock  in  place. 

THE   FREE   SILVER    MINING   COMPANY, 

By  William  Jones,  its  Agent. 


State  of  Colorado, 
County  of  El  Paso. 


ss. 


Subscribed  and  sworn  to  before  me  this  first  day  of 
June,  A.  D.  1896. 

[Seal.]  RICHARD   JONES, 

Notary  Public. 


4-654. 
RECEIVER'S  RECEIPT. 

Adverse   Claim. 


^**  it 

■  n 


i:  m 


I 


(Original    to   be   immediately    forwarded    to   General 
Land   ^  mce.    Duplicate  to  be  given  adverse  claimant.) 

Adverse  Claim  No ) 

Filed  against  V 

Mineral  Application  No  ) 

UNITED  STATES  LAND  OFFICE, 

at 

189.. 

Received    from  


102 


MINERAL   LAND   LAWS 


the  sum  of  ten  dollars,  being  the  fee  of  five  dollars 
payable  to  the  Register  and  five  dollars  payable  to  the 
Receiver,  under  paragraph  9  of  Section  2238,  United 
States  Revised  Sta  lutes,  for  filing  and  acting  upon 
adverse  claim  No    by  claimant.,  of  the 

mining  claim..,  against 

mineral  application  No filed  by 


for  the 


mining  claim. 
Receiver. 


REGISTER'S  CERTIFICATE  OP  POSTING  NOTICE 
FOR    SIXTY   DAYS. 


United  States  Land  Office  at 


.,  18. 


I  hereby  certify  that  the  official  plat  of  the  

lode,  designated  by  the  Surveyor  General 

a?  lot  No was  filed   in   this   office  on    the 

day  of   ,  A.   D.   18 and 

that  a  notice,  of  which  the  attached  notice  is  a  copy, 

of  the  intention  of  to 

apply  for  a  patent  for  the  mining  claim  or  premises 
embraced  by  said  plat,  and  described  in  the  field  notes 
of  survey  thereof  filed  in  said  application,  was  posted 

conspicuously   in  this  office  on    the   day 

of A.  D.  18 and  remained  so  posted 

until  the  day  of  A.  D.  18 

being  the  full  period  of  sixty  consecutive  days  during 
the  period  of  publication  as  required  by  law;  and  that 
said  plat  remained  in  this  office  during  that  time,  sub- 
ject to  examination,  and  that  no  adverse  claim  thereto 
has  been  filed. 


Register. 


OF   THE   UNITED   STATES. 


193 


APPLICATION    TO    PURCHASE. 


To  the  Register  and  Receiver  of  United  States  Land 
Office  at , : 

The  undersigned  claimant,  under  the  provisions  of 
the  Revised  Statutes  of  the  United  States,  Chapter  six. 
Title  thirty-two,  and  legislation  supplemental  thereto, 
hereby  applies  to  purchase  that  mining  claim  known 
as  the  ,  in  Section  in  town- 
ship  No of   range   No ,    

meridian,  designated  as  lot  No ,  said  lot  No. 

extending feet  in  length  along 

said vein  or  lode,  but  expressly  excepting  and 

excluding  from  this  application  all  that  portion  of  the 
ground  embraced  in  mining  claim  or  survey  designated 

as  lot  No ;    and  also  all  that  portion  of  any 

vein  or  lode  the  top  or  apex  of  which  lies  inside  of 
said  excluded  ground;  said  lode  claim  em- 
bracing   acres  and  said  mill  site  claim  

acres,  in  the  Mining  District,  in  the 

County  of and  . , of  

as  shown  by  the  survey  thereof,  and  hereby  agrees  to 

pay  therefor  dollars,  being  the  legal 

price   thereof. 


Dated ,18 

I register  of  the  Land 

Office  at   do  hereby  certify   that  the 

aforesaid  mining  claim  or  lot  No ,  as  applied 

for  above,  is  subject  to  entry  by  the  above-named  ap- 
plicant;   the  area  of  said  lode  claim  being 

acres  and  of  said  mill  site  claim  

acres,  and  the  legal  price  thereof  dollars. 


Register. 


18. 


CERTIFICATE  OF  NO   SUIT  PENDING. 

State  of i  gg^  jj^  tj^P  District  Court. 

County  of ) 

I Clerk  of  the  District 

Court  of  the  Judicial  District  of  the 


104 


MINERAL   LAND   LAWS 


State  of  ,  within  and  for  the  County  of  

do  hereby  certify  that  I  have  made  a  careful  search 
and  find  no  suits  have  been  brought  or  are  now  pend- 
ing in  said  District  Court  against  

or  either  of 

them,  involving  the  title  to  the   lode 

mining  claim  (or  either  of  them)  situate  in  the  

Mining  District,   County  of  

and  State  of  except  casce 

No V 

All  of  which  suits  have  been  settled  by  judgment  or 
dismissal,  certified  copies  of  which  said  judgments  or 
dismissals  are  hereto  attached  and  marked  Ex.  "A" 
to  " "  inclusive. 

In  testimony  whereof  I  have  hereunto  set  my  hand 

and  the  seal  of  said  Court  at   

County  and  State  aforesaid,   this    day  of 

18 at    o'clock 


LSeal.] 


By 


Clerk. 
Deputy. 


CERTIFICATE  OF  NO  SUIT  BROUGHT  OR  PEND- 
ING. 

T Clerk   of   the   United 

States  Circuit  Court  for  the  District  of 

do  hereby  certify  that  I  have  made  a  careful  search, 
and  find  no  suit  has  been  commenced  or  is  now  pend- 
ing and  undecided  in  said  Court  at  wherein 

is  defendant  involving  the   title  to 

the  mining  claim,  or  either  of  them 

in   Mining  District,    

County  and  State  of  

In   testimony  to   the  above   I  do  hereunto  sign   my 

name  and  affix  the  seal  of  said  Court  at  

in  said  District,  this  day  of   

18.... 


[Seal.] 


Clerk. 


OF   THE  UNITED   STATES. 


195 


RECEIVER'S  RECEIPT. 
(Duplicate  to  be  Given  the  Purchaser.) 


Mineral  Entry  No. 
Lot  No 


\ 


United  States  Land  Office  at 


.,  18. 


Received  from   the  sum  of 

dollars,  the  same  being  payment  in  full 

for  the  area  embraced  in  that  mining  claim  known  as 

the  in  Section  ,  in  township 

No of  range  No meridian, 

designated  as  lot  No ,  said  lot  No 

extending  feet  in  length  along  said 

vein,  or  lode,  expressly  excepting  and 

excluding  from  this  sale  and  entry  all  that  portion  of 
the  ground  embraced  in  mining  claim  or  survey  desig- 
nated as  lot  No ;   and  also  all  that  portion 

of  any  vein  or  lode  the  top  or  apex  of  which  lies  in- 
side of  said  excluded  ground;    said  lode  

claim  as  entered  embracing acres  and 

said  mill  site  claim  acres,  in  the   

Mining  District,  in  the  County  of  and 

of  ,  as  shown  by  the  survey  thereof. 


Receiver. 


REGISTER'S    FINAL    CERTIFICATE    OF    ENTRY. 


Mineral  Entry  No 
Lot  No.  . . 


;.;:::.} 


United  States  Land  Office  at 


18. 


It  is  hereby  certified  that,  in  pursuance  of  the  pro- 
visions   of   the   Revised    Statutes,    Chapter    six,    Title 

thirty-two,  and  legislation  supplemental  thereto 

,  whose  postoffice  address 

ig  ' on  this  day  purchased  that  mining 

claim  known  as  the  ,  in  Section  , 


lOG 


MINERAL   LAND    LAVS 


in  township  No of  range  No ,  ..., 

meridian,  designated  as  lot  No ,  said  lot  No. 

extending feet  ink        h  along 

said  vein  or  lode,  expressly  excepting 

and  excluding  from  said  purchase  all  that  portioh  of 
the  ground  embraced  iij  mining  claim  or  survey  desig- 
nated as  lot  No ;    and  also  all  that  portion 

of  any  vein  or  lode  the  top  or  apex  of  which  lies  inside 

of  said  excluded  ground;    said  lode  claim, 

as  entered,    embracing    acres,  and   said 

mill  site  claim  acres,  in  the  

Mining  District,  In  the  County  of  and 

of  as  shown  by  the  plat 

and  field  notes  of  survey  thereof,  for  which  the  said 
party  first  above  named  this  day  made  payment  to  the 

receiver  in  full,  amounting  to  the  sum  of  

dollars. 

Now,  therefore,  be  it  known  that  upon  the  presenta- 
tion of  this  certificate  to  the  Commissioner  of  the  Gen- 
eral Land  Ofllce,  together  with  the  plat  and  field  notes 
of  survey  of  said   claim   and  the  proofs   required  by 

law,  a  patent  shall  issue  thereupon  to  the  said  

,   if  all  be  found   regular. 


Register. 


PATENT  FOR  LODE  CLAIM. 


General  Land  Office 
No 


Mineral  Certificate 
No 


The  United  States  of  America,  To  all  to  whom  these 

Presents  shall  come.  Greeting: 

Whereas,  in  pursuance  of  the  provisions  of  the  Re- 
vised Statutes  of  the  United  States,  Chapter  six.  Title 
thirty-two,  and  legislation  supplemental  thereto,  there 
have  been  deposited  in  the  General  Land  Office  of  the 
United  States  the  plat  and  field  notes  of  survey  and 

the  certificate,  No of  the  register  of  the  Land 

Office  at  ,  in  the  of  

accompanied  by  other  evidence,  whereby 

it  appears   that   did,    on 

the  day  of  A.  D.  18 

duly  enter  and  pay  for  that  certain  mining  claim  or 
premises  known  as  the  designated  by 


OF   THE  tJNITED   STATES.  197 


t 


the  Surveyor  General  as  lot  No in  the  

Mining  District,  in  the  County  of 

and  of   ,   in  the  district 

of  lands  subject  to  sale  at  and  bounded, 

described  and  platted  as  follows,  with  magnetic  vari- 
ation    : 

Beginning (Here  follows  a  description  of  the 

claim.) 

Now  know  ye,  that  there  is  therefore  hereby  granted 

by  the  Uniied  States  unto  the  said   

and  to  and  assigns,  the  said  mining 

premises  hereinbefore  described,  and  not  expressly  ex- 
cepted from  these  presents,  and  all  that  portion  of  the 

said  vein,  lode  or  ledge,  and  of  all  other  veins, 

lodes  and  ledges,  throughout  their  entire  depth,  the 
tops  or  apexes  of  which  lie  inside  of  the  surface  bound- 
ary lines  of  said  granted  premises  in  said  lot  No 

extended  downward  vertically,  although  such  veins, 
lodes  or  ledges  in  their  downward  course  may  so  far 
depart  from  a  perpendicular  as  to  extend  outside  the  f  | 

vertical   side  lines   of   said   premises:     Provided,    that  l" 

the  right  of  possession  to  such  outside  parts  of  said  | 

veins,  lodes  or  ledges  shall  be  confined  to  such  portions  | 

thereof  as  lie  between  vertical  planes  drawn  downward  [ 

through  the  end  lines  of  said  lot  No so  con- 
tinued in  their  own  direction  that  such  planes  will 
Intersect   such   exterior  parts  of  said  veins,    lodes   or  ,. 

ledges:     And    provided    further,    that    nothing    herein  ||i  | 

contained  shall  authorize  the  grantee  herein  to  enter 
upon  the  surface  of  a  claim  owned  or  possessed  by  an- 
ot?»er.  |Ii{ 

To  have  and  to  hold  said  mining  premises,  together 
with  all  the  rights,  privileges,  immunities  and  ap- 
purtenances of  whatever  nature  thereunto  belonging, 

unto  the  said  grantee  above  named,   and  to  

and  assigns  forever,  subject  nevertheless  to 

the  above-mentioned  and  the  following  conditions  and 

stipulations:  f 

First.    That  the  premises  hereby  granted,  with  the  ] 

exception  of  the  surface,  may  be  entered  by  the  pro-  I 

prietor  of  any  other  vein,  lode  or  ledge  the  top  or 
apex  of  which  lies  outside  of  the  boundary  of  said 
granted  premises,  should  the  same  in  its  dip  be  found 
to  penetrate,   intersect  or  extend  Into  said  premises, 


)»-.  .J 


108  MINERAL  LAND  LAWS 

for  the  purpose  of  extracting  and  removing  the  ore 
from  such  otlier  vein,  lode  or  ledge. 

Second.  That  the  premises  hereby  granted  shall  be 
held  subject  to  any  vested  and  accrued  water  rights  for 
mining,  agricultural,  manufacturing  or  other  purposes, 
and  rights  to  ditches  and  reservoirs  used  in  connec- 
tion with  such  water  rights  as  may  be  recognized  and 
acknowledged  by  the  local  laws,  customs  and  decisions 
of  courts.  And  there  is  reserved  from  the  lands  hereby 
granted,  a  right  of  way  therLon  for  ditches  or  canals 
constructed  by  the  authority  of  the  United  States. 

Third.    That  in  the  absence  of  necessary  legislation 

by  Congress,  the  legislature  of  may  provide 

rules  for  working  the  mining  claim  or  premises  hereby 
granted,  involving  easements,  drainage  and  other 
necessary  means  to  Its  complete  development. 

In  testimony  whereof,  I,  President 

of  the  United  States  of  America,  have  caused  these 
letters  to  be  made  patent,  and  the  seal  of  the  General 
Land  Office  to  be  hereunto  affixed. 

Given  under  my  hand,  at  the  city  of  Washington,  the 

day  of  in  the  year  of  our  Lord  one 

thousand  eight  hundred  and  ninety and  of  the 

independence  of   the   United   States   the  one   hundred 

and  

By  the  President:  

By  

•  Secretary. 

Recorder  of  the  General  Land  Office. 
Recorded   vol pages   to    ,    in- 
clusive. 


PATENT  FOR  PLACER  WITH  INCLUDED  LODE. 


General  Land  Office 
No 


Mineral  Certificate 
No 


The  United  States  of  America,  To  all  to  whom  these 
Presents  shall  come.  Greeting: 

Whereas,  in  pursuance  of  the  provisions  of  the  Re- 
vised Statutes  of  the  United  States,  Chapter  six.  Title 
thirty-two,  and  legislation  supplemental  thereto,  there 
have  been  deposited  In  the  General  Land  Office  of  the 


OF   THE  UNITED   STATES. 


100 


United  Slates  the  plat  and  field  notes  of  survey,  and 

the  certificate,  No of  the  register  of  the  land 

office  at  iu  the  of  accompanied 

by  other  evidence,   whereby  it  appears   that   

did,  on  the  day  of  ,   A.  D.  18... 

duly  enter  and  pay  for  that  certain  placer  mining 
claim  and  premises,  designated  by  the  Surveyor  Gen- 
eral as  lot  No ,  in  the  Mining  District, 

In  the  county  of  and  of  in  the 

district  of  lands  subject  to  sale  at and  bounded, 

described  and  platted  as  follows,  with  magnetic  varia- 
tion   I 

Beginning [Here  follows  a  description  of  the 

placer  claim  and  of  the  lode  according  to  the  official 
survey.] 

Now  know  ye,  that  there  is  therefore  hereby  granted 

by  the  United  States  unto  the  said  

and  to  and  assigns,  the  said  mining 

premises  hereinbefore  described,  and  not  expressly  ex- 
cepted from  these  presents,   with  all   that  portion  of 

the  said  vein,   lode  or  ledge,   and  of  all  other 

veins,  lodes  and  ledges,  through  their  entire  depth,  the 
tops  or  apexes  of  which  lie  inside  of  the  surface  bound- 
ary lines  of  said lode  claims  in  said  lot  No , 

extended  downward  vertically,  although  such  veins, 
lodes  or  ledges  in  their  downward  course  may  so  far 
depart  from  a  perpendicular  as  to  extend  outside  the 

vertical  side  lines  of  said lode  claim:    Provided, 

that  the  right  of  possession  to  such  outside  parts  of 
said  veins,  lodes  or  ledges  shall  be  confined  to  such 
portions  thereof  as  lie  between  vertical  planes  drawn 

downward  through  the  end  lines  of  said   lode 

claim,  so  continued  in  their  own  direction  that  such 
planes  will  intersect  such  exterior  parts  of  said  veins, 
lodes  or  ledges:  And  provided  further,  that  nothing 
herein  contained  shall  authorize  the  grantee  herein 
to  enter  upon  the  surface  of  a  claim  owned  or  pos- 
sessed by  another. 

To  have  and  to  hold  said  mining  premises,  together 
"With  all  the  rights,  privileges,  immunities  and  appur- 
tenances  of  whatsoever    nature   thereunto   belonging, 

unto  the  said  grantee  above  named,   and  to   

and  assigns  forever;    subject  nevertheless  to 

the  above-mentioned  and  to  the  following  conditions 
and  stipulations: 


U'M 


i'- 


f 


200 


MINERAL  LAND   LAWS 


First.    That    the    said     lode     claim     hereby 

granted,  with  the  exception  of  the  surface,  may  be 
entered  by  the  proprietor  of  any  other  vein,  lode  or 
ledge,  the  top  or  apex  of  which  lies  outside  of  the 
boundary  of  such  granted  premises,  should  the  same 
in  its  dip  be  found  to  penetrate,  intersect  or  extend 
into  said  premises,  for  the  purpose  of  extracting  and 
removing  the  ore  from  such  other  vein,  lode  or  ledge. 

Second,  That  the  grant  of  the  placer  mining  ground 
hereby  made  is  restricted  in  its  exterior  limits  to  the 
boundaries  thereof,  and  to  any  veins  or  lodes  of  quartz 
or  other  rock  in  place  bearing  gold,  silver,  cinnabar, 
lead,'  tin,  copper,  or  other  valuable  deposits,  which 
may  have  been  discovered  within  said  limits  sub- 
sequent to  and  which  were  known  to  exist  on  the 
day  of y     D.  18.... 

Third.  That  should  st  d  vein  or  lode  of  quartz  or 
other  rock  in  place  bearint,  'old,  silver,  cinnabar,  lead, 
tin,  copper,  or  other  valuu  deposits,  be  claimed 
or  known  to  exist  within  the  bove-described  placer 
mining  ground  at  said  last-namec  date,  the  same  is 
expressly  excepted  and  excluded  from  these  presents. 

Fourth.  That  the  placer  mining  ground  hereby  con- 
veyed may  be  entered  by  the  proprietor  of  any  vein  or 
lode  of  quartz  or  other  rock  in  place  bearing  gold,  sil- 
ver, cinnabar,  lead,  tin,  copper,  or  other  valuable  de- 
posits, for  the  purpose  of  extracting  and  removing 
the  ore  from  such  v  nr  or  lode,  should  the  same,  or 
any  part  thereof,  he  to und  to  penetrate,  intersect,  pass 
through  or  dip  into  the  mining  ground  or  premises 
hereby  granted. 

Fifth.  That  the  premises  hereby  conveyed  shall  be 
held  subject  to  any  vested  and  accrued  water  rights 
for  mining,  agricultural,  manufacturing,  or  other  pur- 
poses, and  rights  to  ditches  and  reservoirs  used  in 
connection  with  such  water  rights  as  may  be  recog- 
nized and  acknowledged  by  the  local  laws,  customs 
and  decisions  of  courts. 

Sixth.    That  in  the  absence  of  necessary  legislation 

by  Congress,    the  legislature   of    may   provide 

rules  for  working  the  mining  claim  or  premises  hereby 
(granted,  involving  easements,  drainage,  and  other 
necessary  means  to  the  complete  development  thereof. 

In  testimony  whereof,  I,  President 

of  the  United  States  of  America,  have  caused  these 


OF   THE   UNITED  STATES.  201 


4 


Recorder  of  the  General   Land  Office. 
Recorded,  vol ,  pages  to  inclu- 
sive.                                                                  • 


Beginning-    [Here   follows  description   of    the 

claim.] 

Now  know  ye,  that  there  is  therefore  hereby  granted 

by  the  United  States  unto  the  said   

and  to  and  assigns,  the  said  placer 

mining  premises  hereinbefore  described. 


letters  to  l)e  made  patent,  and  tlio  seal  of  tlic  General 
Land  Office  to  be  hereunto  affixed. 

Given  under  my  hand,  at  tlio  city  of  Washington,  the 

day  of  in  the  year  of  our  Lord  one 

thousand    eight   liundred    and    and    of    the 

independence  of   the   United   States   the   one   hundred 
and   

[Seal.]  By  the  President:  

By    i,,; 

Secretary. 


PATENT   FOR    PLACER     TAKEN     BY    MINERAL 

SURVEY.  :      I 

General  Land  Office                               Mineral  Certificate 
No No 


,  \ 


f . 


The  United  States  of  America,  To  all  to  whom  these  | 

Presents  shall  come,  Greeting:  •  | 

Whereas,  in  pursuance  of  the  provisions  of  the  Re- 
vised Statutes  of  the  United  States,  Chapter  six,  Title 
thirty-two,  and  legislation  supplemental  thereto,  there 
have  been  deposited  in  the  General  Land  Office  of  fhe 
United  States  the  plat  and  field  notes  of  survey  and  1  ||| 

the  certificate,  No ,  of  the  register  of  the  land  *** 

office  at  ,  in  the  .  of  accompanied  ,  .. 

by  other  evidence,    whereby  it  appears   that   \'V 

did,  on  the day  of  A.  D.  18 {ji:| 

duly  enter  and  pay  for  that  certain  placer  mining  claim 
and  premises,  designated  by  the  Surveyor  General  as 

lot  No ,  In  the  Mining  District,   in  the  [*J?!l 

county  of  and  of ,  in  the  district  f|^[| 

of  lands  subject  to  sale  at and  bounded  and  de- 
scribed and  platted  as  follows,  with  magnetic  variation 


!■;. 


m 


202 


MINERAL   LAND   LAWS 


To  have  and  to  hold  said  mining  premises,  together 
with  all  the  rights,  privileges,  immunities  and  ap- 
purtenances of  whatsoever  nature  thereunto  belonging?, 

unto  the  said  grantee  above  named,    and   to    

and  assigns  forever;    subject  nevertheless  to 

the  following  conditions  and  stipulations: 

First.  That  the  grant  hereby  made  is  restricted  in 
its  exterior  limits  to  the  boundaries  of  the  said  min- 
ing premises,  and  to  any  veins  or  lodes  of  quartz  or 
other  rock  in  place  bearing  gold,  silver,  cinnabar,  lead, 
tin,  copper,  or  other  valuable  deposits,  which  may  have 
been  discovered  within  said  limits  subsequent  to  and 

which  were  not  known  to  exist  on  the  day  of 

A.   D.   18.... 

Second.  That*  should  any  vein  or  lode  of  quartz  or 
other  rock  in  place  bearing  gold,  silver,  cinnabar,  lead, 
tin,  copper,  or  other  valuable  deposits,  be  claimed  or 
known  to  exist  within  the  above-described  premises  at 
said  last-named  date,  the  same  is  expressly  excepted 
and  excluded  from  these  presents. 

Third.  That  the  premises  hereby  conveyed  may  be 
entered  by  the  proprietor  of  any  vein  or  lode  of  quartz 
or  other  rock  in  place  bearing  gold,  silver,  cinnabar, 
leau,  tin,  copper,  or  other  valuable  deposits,  for  the 
purpose  of  extracting  and  removing  the  ore  liom  such 
vein  or  lode,  should  the  same,  or  any  part  thereof,  be 
found  to  penetrate,  intersect,  pass  through  or  dip  into 
the  mining  ground  or  premises  hereby  granted. 

Fourth.  That  the  premises  hereby  conveyed  shall  be 
held  subject  to  any  vested  and  accrued  water  rights  for 
mining,  agricultural,  manufacturing  or  other  pur- 
poses, and  rights  to  ditches  and  reservoirs  used  in 
connection  with  such  water  rights  as  may  be  recog- 
nized and  acknowledged  by  the  local  laws,  customs 
and  decisions  of  courts.  And  there  is  reserved  from 
the  lands  hereby  granted  a  right  of  way  thereon  for 
ditches  or  canals  constructed  by  authority  of  the 
United  States. 
Fifth.    That  in  the  absence  of  necessary  legislation 

by    Congress,    the   legislature   of    .... may   provicie 

rules  for  working  the  mining-  claim  or  premises  hereby 
granted,  Involving  easements,  d^'ainage  and  other 
necessary  means  to  complete  development  thereof. 

In  testimony  whereof,  I ,  President 

of  the  United  Stales  of  Amerira,  have  caused  these 


OF  THE  UNITED  STATES.  20.1 

letters  to  be  made  patent,  and  ihe  seal  of  the  General 
Land  Oflice  to  be  hereunto  affixed. 
Given  under  my  hand,  at  the  city  of  Washington,  the 

day  of  in  the  year  of  our  Lord  one 

thousand  eight  hundred  and  ninety ,  and  of  the 

independence  of   the   United   States   the   one   hundred 
and   

By  the  President:  

By    

Secretary. 

Recorder  of  the  General  Land  Office. 
Recorded,   vol pages to    in- 
clusive. 


PATENT  FOR  PLACER  TAKEN   BY  LEGAL   SUB- 
DIVISIONS. 

(First   page   only.     Remainder   of  patent    is    identical 
with  latter  portion  of  preceding  placer  patent.) 

General   Land   Office                             Mineral   Certificate 
No No 

The  United  States  of  America,  To  all  to  whom  these 
Presents  shall  come,  Greeting: 

Whereas,  in  pursuance  of  the  provisions  of  the  Re- 
vised Statutes  of  the  United  Slates,  Chapter  six,  Title  lU 
thirty-two,  and  legislation  supplemental  thereto,  there  !i'f 
has  been  deposited   in  the  Geuv'^ral  Land  Office  of  the  !i,  ' 

United  States  the  certificate,  No of  the  regis-  lij 

ter  of  the  land  office  at ,  in  the  of ilil 

accompanied    by   other  evidence,    whereby    it    appears 

that  did,  on  the day  of  

A.  D.  18....,  duly  enter  and  pay  for  that  certain  placer 
mining  claim  and  premises  [here  follows  description  of 
the  claim  by  legal  subdivisions]. 

PATENT  FOR   MILL   SITE. 

General  Land  Office                             Mineral  Certificate 
No No 

The  United  Spates  of  America,  To  all  to  whom  these 
Presents  shall  come,  Greeting: 

Whereas,  in  pursuance  of  the  provisions  of  the  Re- 
vised Statutes  of  the  United  States,  Chapter  six.  Title 


M 


;" 


ao4 


MINERAL   LAND    LAWS 


thirty-two  [here  follow  recital  of  entry  of  the  land, 
with  a  description  of  the  land  in  accordance  with  the 
offlcial  survey  thereof]. 

Now  know  ye,  that  the  United  States  of  America,  in 
consideration  of  the  premises  and  in  conformity  with 
said  Revised  Statutes  of  the  United  Stater;,  have  given 
and  granted,  and  by  these  presents  do  give  and  grant. 

unto  the  said and  to 

and  assigns,  the  said  premises  above  described  j.s   ■<>. 

No with  the  exclusive  right  of  possessio:.  :>'•;: 

enjoyment  of  all  the  land  included  within  the  exterix)r 
lines  of  said  'purvey  not  herein  expressly  excepted  from 
these  presents. 

To  have  and  to  hold  said  mill  site  or  premises,  to- 
gether with  all  the  rights,  privileges,  immunities  and 
appurtenances  of  whatever  nature  thereunto  belong- 
ing,  unto  the  said    and   to    

and  assigns  forever,   subject   nevertheless  to 

the  following  conditions  and  stipulations: 

First.  That  the  premises  hereby  conveyed  may  be 
entered  by  the  proprietor  of  any  vein  or  lode  of  quartz, 
or  other  rock  in  place,  bearing  gold,  silver,  cinnabar, 
lead,  tin,  copper,  or  other  valuable  deposits,  for  the 
purpose  of  extracting  and  removing  the  ore  from  such 
vein,  lode  or  deposit,  should  the  same  or  any  part 
thereof  be  found  to  penetrate,  intersect,  pass  through 
or  dip  into  the  premises  hereby  granted. 

Second.  That  the  premises  hereby  conveyed  shall  be 
held  subject  to  any  vested  and  accrued  water  rights 
for  mining,  agricultural,  manufacturing,  or  other  pur- 
poses, and  rights  to  ditches  and  reservoirs  used  in 
connection  with  such  water  rights  as  may  be  recog- 
nized and  acknowledged  by  the  local  laws,  customs, 
and  decisions  of  courts. 

Third,    That  in  the  absence  cf  necessary  legislation 

by  Congress,    the   legislature   of    may   provide 

rules  for  working  the  mining  claim  or  premises  hereby 
granted.  Involving  easements,  drainage  and  other 
necessary  means  to  the  complete  development  thereof. 

In  testimony  whereof,  I ,  President 

Of  the  United  States  of  America,  have  ca  ir-^ed  these 
letters  to  I  e  made  patent,  and  the  ;.:;al  of  ,h  General 
Land  Office  to  be  hereunto  afflxtd 

Given  under  my  hand,  at  the  city  of  Vv  ashington,  the 
day  of  ,  in  the  year  of  our  Lord  one 


fv»^ 


OF  THE  UNITED  STATES.  205 

thousand    eight   hundred    and    ,    and    of    the 

independence   of   the   United   States   the   one   hundred 

and   

By  the  President:  

By   

Secretary. 

I 

Recorder  of  the  General  Land  Office. 
Recorded,   vol ,    pages   to    ,   in- 
clusive. 


COAL  PATENT. 


General  Land  Office 
No 


Coal  Certificate 
No 


The  United  States  of  America,  To  all  to  whom  these 
Presents  shall  come,  Greeting: 

Whereas,  in  pursuance  of  the  Revised  Statutes  of  the 
United  States,  there  has  been  deposited  in  the  General 
Land  Office  of  the  United  States  the  certificate  of  the 

register  of  the  land  office  at   in  the   of 

whereby  it  appears  that did, 

on  the  day  of  ,   A.  D.  18....,  enter  and 

pay  for  the   ,  embracing   acres  of  land, 

more  or  less,  as  shown  by  the  official  plat  of  the  survey 
of  said  land  returned  to  the  General  Land  Office  by 
the  Surveyor  General;  the  same  being  coal  entry  No. 
in  the  series  of  said  office. 

Now  know  ye,  that  the  United  States  of  America, 
in  consideration  of  the  premises,  and  In  conformity 
with  said  act  of  Congress,  have  ^iven  and  granted, 
and   by   these  presents   do   give   and   grant,   unto    the 

said    and    to    ,    the 

said  tract  above  described:  To  have  and  to  hold  the 
same,  together  with  all  the  rights,  privileges,  immuni- 
ties and  appurtenances  of  whatsoever  nature  there- 
unto belonging,   unto  the  said    and 

to   and  assigns   forever;    subject   to 

any  vested  and  accrued  water  rights  for  mining,  agri- 
cultural, manufacturing  or  other  purposes,  and  right.s 
to  ditches  and  reservoirs  used  in  connection  with  such 
water  rights  as  may  be  recognized  and  acknowledged 
by  the  local  customs,  laws  and  decisions  of  courts,  and 
also  subject  to  the  right  of  the  proprietor  of  a  vein  or 


1 


m 


206 


MINERAL    LAND    LAWS 


lode  to  extract  and  remove  his  ore  therefrom,  should 
the  same  be  found  to  penetrate  or  intersect  the  prem- 
ises hereby  granted,  as  provided  by  law.  And  there  is 
reserved  from  the  lands  hereby  granted,  a  right  of  way 
thc-^v  n  for  ditches  or  canals  constructed  by  the  au- 
thor   •      r  the  United  States. 

In  c-         ony  whereof,  I President 

of  the  I  ited  States  of  America,  have  caused  these 
letters  to  be  made  patent,  and  the  seal  of  the  General 
Land  Office  to  be  hereunto  affixed. 

Given  under  my  hand,  at  the  city  of  Washington,  the 

day  of  ,  in  the  year  of  our  Lord  one 

thousand  eight  hundred  and  ninety and  of  the 

independence  of   the   United   States   the   one   hundred 

and   

By  the  President:  

By  

Secretary. 

Recorder  of  the  General  Land  Office. 
Recorded,  vol page 


AFFIDAVIT   OF  LOSS  OF   DUPLICATE   RECEIPT. 


In  the  matter  of  Mineral  Entry  No.  777, 
District,  for  the  Blank  Lode  claim. 


Land 


J 


ss. 


state  of  Colorado, 
County  of  El  Paso, 

John  Smith,  being  first  duly  sworn  according  to  law, 
deposes  and  says  that  he  is  the  identical  person  who, 

on  the  day  of  A.  D.  1896,  made  mineral 

entry  No.  777,  in  the  land  office,  for  the  Blank 

Lode  mining  claim. 

That  affiant  has  lost  the  receiver's  duplicate  receipt 
issued  to  him  at  the  date  of  said  mineral  entry,  and  is 
wholly  unable  to  fmd  the  same,  though  he  has  made 
diligent  search   therefor. 

That  affiant  is  the  present  owner  of  said  Blank  Lode 
mining  claim,  not  having  sold  the  same  since  the  date 
of  said  mineral  entry. 

Wherefore,  affiant  asks  that  the  United  States  patent 
Issued  upon  said  mineral  entry  be  delivered  to  him. 

JOHN   SMITH. 


OF  THE  UNITED  STATES. 


Subscribed  and  sworn  to  before  me,  a  notary  public, 
this  eleventli  day  of  April,  A.  D.  1896. 
[Seal.]  RICHARD  JONES, 

Notary  Public. 


vrt 


Note.— If  affiant  claims^  as  transferee  of  the  entry- 
man,  the  fact  should  be^  briefly  stated,  showing  loss 
of  receipt  either  by  his  grantor  or  by  affiant,  and  al- 
leging affiant  to  be  the  present  owner  of  the  claim. 


MINING   QUIT-CLAIM   DEED. 

This  indenture,  made  the  day  of   in  the 

year   of   our  Lord   one    thousand    eight    hundred   and 

between  John  Smith,  of  the  County  of  

and  Sltate  of party  of  the  first  part,  and  Henry 

White,  of  the  County  of  and  State  of   , 

party  of  the  second  part: 

Witnesseth,  that  the  said  party  of  the  first  part,  for 
and  in  consideration  of  the  sum  of  dollars,  law- 
ful money  of  the  United  States  of  America,  to  him  in 
hand  paid  by  the  said  party  of  the  second  part,  the 
receipt  whereof  is  hereby  acknowledged,  has  granted, 
bargained,  sold,  remised,  released  and  forever  quit- 
claimed, and  by  these  presents  do.,  ^rant,  bargain, 
sell,    remise,   release   and   forever  quit-claim   unto   the 

said   party   of    the   second    part,    and    to    (his) 

heirs  and  assigns,  all  the  following  mining  prop- 
erty, situate,  lying,  and  being  in  Mining  Dis- 
trict   County,  and  State  of  to  wit: 

All  interest,  (or  an  undivided  interest)  in,  and 

to  the  mining  claim,  (mineral  survey  No.  7777,) 

described  as  follows: 

(Describe  the  claim,  by  metes  and  bounds  and  with 
reference  to  neighboring  claims,  prominent  objects, 
etc.) 

Together  with  all  the  dips,  spurs,  and  angles,  and 
also  all  the  metals,  ores,  gold  and  silver-bearing 
quartz,  rock  and  earth  therein,  and  all  the  rights,  priv- 
ileges and  franchises  thereto  incident,  appendant  and 
appurtenant,  or  therewith  usually  had  and  enjoyed; 
and  also,  all  and  singular  the  tenements,  hereditaments 
and  appurtenances  thereto  belonging  or  m  anywise 
appertaining,  and  the  rents,  issues  and  profits  thereof, 
and  also  all  the  estate,  right,  title,  interest,  property, 


*i- 


\  m 


m 


208 


MINERAL    LAND    LAWS 


possession,  claim  and  demand  wtiatsoever,  as  well  in 
law  as  in  equity,  of  the  said  party  of  the  first  part,  of, 
in,  or  to  the  said  premises,  and  every  part  and  parcel 
thereof,  with  the  appurtenances: 

To  have  and  to  hold  all  and  singular  the  said  prem- 
ises, together  with  the  appurtenances  and  privileges 
thereto  incident,  unto  the  said  party  of  the  second 
part,  (his)  heirs  and  assigns  forever. 

In  witness  whereof,  the  said  party  of  the  first  part 
has  hereunto  set  his  hand  and  seal  the  day  an  \  year 
first  above  written. 

JOHN    SMITH. 


i 


Signed,  Sealed  and  Delivered  in  the  presence  of 


State  of )  ^' 

County  of  ) 

I in    and    for   said   County,    in   the    State 

aforesaid,  do  hereoy  certify  that  John  Smith,  person- 
ally known  to  me  to  be  the  person  whose  name  is  sub- 
scribed to  the  annexed  deed,  appeared  before  me  this 
day  in  person,  and  acknowledged  that  he  signed, 
sealed,  and  delivered  the  said  instrument  of  writing  as 
his  free  and  voluntary  act,  for  the  uses  and  purposes 
therein  set  forth. 

Given  under  my  hand  and   seal  this   

day  of  ,  A.  D.  18.... 

(Note.— This  deed  should  be  recorded  in  the  office  of 
the  mining  recorder  if  the  land  is  not  situated  in  an 
organized  county.) 


PROOF    OF  vOWNERSHIP    AND    POSSESSION 
THE   CASE  OF  ABSENCE,   LOSS   OR   DE- 
STRUCTION OF  MINING  RECORDS. 


IN 


State  of  ) 

County  of  \  ^^' 

,   being  duly  sworn,   deposes  and   says   that 

he  is  the  owner  (or  agent  of  the  ov;ner)  of  the  

mining  claim,   situate  in  the   Mining   District, 

County    of    ,    and    State    of    ;     that    said 


■■■■I 


, 


§ 


i 


OF  THE  UNITED  STATES.  209 

claim  was  located  (here  state  date  of  location  as  nearly 
as  practicable)  and  since  the  date  of  such  location 
has  been  continuously  held  and  exclusively  possessed 
by  claimant  or  his  grantors,  and  predecessors  in  in- 
terest; that  such  possession  has  been  open,  notorious, 
and  undisputed;  that  the  facts  relative  to  the  location 
and  possession  of  said  claim  are,  ^.s  far  as  known  to 
deponent,  substantially  as  follows:  (If  no  record  was 
made  of  location  and  transfers,  so  state;  if  record  was 
made,  but  has  been  lost  or  destroyed,  state  cause  and 
time  of  such  loss  or  destruction.  If  posp^ssion  has  at 
any  time  been  the  subject  of  litigation,  so  state,  and 
furnish   proper  evidence   of  termination   thereof.) 

That  such  possession  of  affiant  and  his  grantors  has 

been  maintained  for  the  period  of  years  up  to 

the  present  time,  which  period  is  longer  than  that  pre- 
scribed by  the  Statute  of  Limitations  of  the  State  of 
governing  title  , to  mining  claims. 

In  support  of  this  affidavit,  a  certified  copy  of  said 
Statute  of  Limitations  is  herewith  filed,  and  made  a 
part  hereof. 

Subscribed  and  sworn  to  before  me  this  day 

of  18.... 

(Note.— This  affidavit  should  be  corroborated  by  two 
witnesses  if  possible,  and  be  accompanied  by  any  evi- 
dence, documentary  or  otherwise,  tending  to  show  pos- 
sessory title  in  the  claimant.) 


GRUB  STAKE  CONTRACT. 


State  of   .. 
County  of 


ss. 


Witness  this  memorandum  of  agreement  made  this 

day  of ,  18..,  between of  party  of 

the  first  part  and   of  ,   party  of  the 

second  part;    that  said  party  of  the  first  part  agrees  to 

diligently  prospect  for  the  term  of  (days 

or  months)  from  this  date,  for  mineral-bearing 
veins,  lodes,  ledges,  or  deposits  ujion  the  public  do- 
main and  to  make  locations  of  mining  claims  upon  any 
such  veins,  lodes,  ledges,  or  deposits,  as  may  be  by  him 
discovered   as   the   result   of   such    prospecti/ig,    which 


1 


mmm 


210 


MINERAL   LAND    LAWS 


locations  shall  be  made  in  the  joint  names  of  the 
parties  to  this  agreement  and  in  the  namies  of  none 
others;  and  that  he  will  not  during  the  continuance 
of  this  contract  prospect  on  his  own  account  nor  on 
the  account  of  persons  other  than  the  parties  to  this 
contract;    and  that    he    will   report   at    least    once    in 

every  to  the  party  of  the  second  part,  stating 

in  full  the  results  of  such  prospecting;  and  that  he  will 
contract  no  debts  in  the  prosecution  of  said  prospect- 
ing on  account  of  the  party  of  the  second  part. 

That  said  party  of  the  second  part  hereby  agrees  to 
furnish  to  the  said  party  of  the  first  part  a  complete 
miner's  outfit  for  use  in  such  prospecting  and  to  sup- 
ply said  party  of  the  .irst  part,  from  time  to  time,  as 
may  be  required,  with  such  sums  of  money,  provisions 
or  supplies,  for  the  use  of  said  party  of  the  first 
part,  as  may  be  necessary,  and  to  defray  all  expenses 
incident  to  the  maintenance  of,  possession  of  any  min- 
ing claims  which  may  be  located  in  pursuance  of  the 
terms  of  this  agreement  or  in  the  securing  of  patent 
for  such  claims. 

Witness  our  signatures  this  day  of  


Witnesses  to  signatures: 


POWER   OF  ATTORNEY  TO  CONVEY. 


[  ss. 


State  of  

County  of  

KNOW  ALL  MEN  BY  THESE  PRESENTS,  That  I, 

of  have  made  and  appointed,  and  do 

hereby  make  and  appoint  of ,  my  true 

and  lawful  attorney-in-fact,  for  me  and  in  my  name, 
place  and  stead  to  convey  by  quit-claim  deed  all  my 
right,   title,  interest,  or  claim  in  and   to  that   certain 

mining  claim  known  as  the   mining 

claim,  situated  in  the  Mining  District,  County 

of  and  State  of  

Giving  and  granting  unto  my  said  attorney  full 
power  and  authority  to  do  and  perform  all  acts  and 
things  whatsoever  requisite  and  necessary  to  be  done 
in   the  premises,    hereby  ratifying  all   '  uch  acts  and 


OF  THE  UNITED  STATES. 


211 


things  which  my  said  attorney   shall  lawfully   do  by 
virtue  of  this  power  of  attorney. 

Witness    my    hand    and    seal    this    day    of 

A.   D.   18.... 


(Acknowledgment   before  officer  authorized  to   take 
same.) 


GLOSSARY  OF  MINING  TERMS, 

ADIT— A  horizontal  entrance  into  a  mine. 

ADVERSE— 1.  To  oppose  the  issuance  of  patent  to 
a  mining  claim. 

2.  The  papers  filed  in  the  land  office  setting  forth  ad- 
verse rights. 

ALLIGATOR— A  machine  for  breaking  rocks,  work- 
ing by  jaws. 

ALLUVIUM— Soil  deposited  by  the  action  of  water. 

AMALGAM— A  compound  of  mercury  with  some 
other  metal. 

ANTICLINAL— An  upward  fold  of  strata.  The  op- 
posite of  synclinal. 

APEX— That  end  or  edge  of  a  vein  at  or  nearest 
the  surface  of  the  earth.    See  p.  51. 

ARASTRA~A  primitive  machine  for  crushing  rock 
or  ore. 

ARGENTIFEROUS— Currying  silver. 

ASSAY— A  chemical  test  of  ore  to  determine  the 
presence  or  quantity  of  certain  metals. 

ASSESSMENT  WORK— The  work  or  expenditure  re- 
quired by  law  to  be  performed  or  made  annually  upon 
or  for  the  benefit  of  a  mining  claim  to  preserve  a  pos- 
sessory title. 

AURIFEROUS— Carrying  gold. 

BACK— Roof  of  an  underground  working,  as  an 
adit,   drift,  or  stope. 

BAR  DIGGING— Placer  working  on  a  river  bar  dur- 
ing low  water  or  with  the  aid  of  a  dam. 

BARREN-Devold  of  mineral, 


wmmm 


212 


MINERAL    LAND    LAWS 


BATTERY— A  set  of  stamps  (generally  five)  falling 
in  one  mortar. 

BED  ROCK— Solid  rock,  which  may  crop  out  on 
the  surface,  but  which  generally  underlies  alluvium, 
gravel  or  formations  near  the  surface.  Underlying 
country  rock. 

BLACK  SAND— Grains  of  magnetic  iron  ore,  with 
which  placer  gold  is   usually   found. 

BLIND  LODE— A  vein  or  lode  without  a  surface 
outcrop.  - 

BLOSSOM  (COAL)— A  decomposed  coal  outcrop;  also 
called  smut. 

BLOW  OUT— 1.  An  outcrop  spreading  at  the  sur- 
face. 

2.  A  blast  "blows  out"  when  it  exerts  only  an  out- 
ward force  without  shattering  the  surrounding  rock. 

BONANZA— An  unusually  rich  body  of  ore.  Op- 
posed to  Borraska. 

BOULDER  or  BOWLDER— A  rock  that  has  been 
transported  by  natural  agencies  from  its  original 
place.    Frequently  rounded  by  action  of  water. 

BREAST— Head  of  an  adit,  tvnnel,  drift  or  under- 
ground horizontal  working;  the  face  being  the  en- 
trance. 

BRECCIA— A  rock  composed  of  angular  fragments 
united  by  cement. 

BULKHEAD— A   tight  partition. 

BURNING— Melting  of  frozen  placer  ground,  in  order 
that  it  may  be  excavated.  Used  in  Alaska  and  Klon- 
dike regions.  . 

CACHE— An  explorer's  or  prosp"'ctor's  hiding  place 
or  deposit  of  supplies. 

CAGE— The  car  or  box  of  a  mine  elevator. 

CEMENT— Gravel  held  in  a  solid  mass  by  silicious 
matter. 

CHIMNEY— See  Chute. 

CHLORINATION  PROCESS-"A  method  of  separat- 
ing gold  from  quartz  and  arsenical  or  common  pyrites, 
as  well  as  from  various  residua  obtained  in  metal- 
lurgical operations.  *  *  The  process  is  based  upon 
the  power  possessed  by  chlorin  gas  of   transforming 


OF  THE  UNITED  STATES. 


213 


metallic  i^old  into  a  chlorid,  in  which  condition  it  can 
easily  be  dissolved  out  hy  water,  and  afterward  pre- 
cipitated into  the  metallic  form." 

"Extensively  used  for  separating  gold  from  silver. 
It  is  based  upon  the  fact  that  4?ohl  at  a  red  heat  has 
no  affinity  for  chlorin,  the  chlorid  of  gold  being  re- 
duced to  the  metallic  state  by  heat  alone,  while  this 
is  not  true  of  the  metals  with  which  gold  Is  usually 
alloyed."— Century  Diet. 

CHUTE— (Ore.)  An  elongated  body  of  ore  within  a 
vein— richer  part  of  a  vein.  Sometimes  called  a  chim- 
ney or  pipe. 

CINNABAR— Red  sulphuret  of  mercury.  Quicksilver 
ore. 

CLAIM— A  tract  of  mineral  land  held  by  virtue  of 
compliance  with  Federal  and  local  laws.  It  may  com- 
prise one  or  more  locations.    See  p.  66. 

CLEAN-UP— Collection  of  mineral  from  a  milling  or 
placer-mining  operation.    Product  of  such  operations. 

CLEAVAGE— Quality  of  splitting  or  dividing  in  cer- 
tain well  defined  directions.     Lamination. 

CLINOMETER— An  instrument  for  measuring  the 
dip  of  mineral  strata,  consisting  generally  of  a  pendu- 
lum, spirit-level,  and  scale  of  angles. 

COLLAR— Timbering  at  mouth  of  a  shaft  to  prevent 
caving. 

COLOR— A  speck  or  particle  •<  gold  left  in  a  pan 
after  washing  of  gravel,  sand,  o:   pulverized  rock. 

CONCENTRATION— Mechanical  removal  of  the  less 
valuable  parts  of  ores. 

CONGLOMERATE— A  mass  of  cemented  stones,  peb- 
bles, or  fragments  of  rock. 

CONTACT  (VEIN)— A  vein  lying  between  two  strata 
of  dissimilar  rock— between  two  formations. 

COPPER-PLATES— Plates  of  copper  over  which 
auriferous  slimes  flow  from  a  stamp-battery,  upon 
which  the  gold  is  caught  by  quicksilver. 

COUNTRY  ROCK— Non-mineralized  mass  of  rock, 
adjacent  to  or  traversed  by  a  mineral  deposit  or  vein. 

COURSE  (OF  VEIN)- Its  horizontal  direction  as  dis- 
tinguished from  its  inclination  or  dip;  also  termed  its 


7"^ 


1-^ 


214 


MINERAL   LAND   LAWS 


strike.    Example.    The  course  of  a  vein  may  be  north 
and  south  and  its  dip  easterly  or  westerly, 

COYOTING— Surface  mining,  without  general  sys- 
tem. 

CRAB— Form  of  crane  used  for  moving  heavy 
weights. 

CRADLE— See  Rocker. 

CRIBBING— Close  timbering  as  lining  for  a  shaft  or 
to  support  the  roof  of  an  underground  working. 

CROPPING— Surface  indication  of  a  vein. 

CROSS  COURSE— A  small  vein,  generally  barren,  'n- 
tersecting  a  larger  or  principal  one.  Not  synony  s 
with  Cross  Vein. 

CROSS  CUT— A  level  driven  across  the  course  of  a 
vein,  as  distinguished  from  a  drift  along  tl"e  vein. 

CROSS  VEIN— Intersecting  lode  or  vein. 

CURB — A  frame  placed  within  or  at  the  mouth  of  a 
shaft  to  prevent  caving. 

CUT— L    Tc  Intersect  or  penetrate  a  vein. 
2.    A  surface  excavation  generally  of  greater  length 
and  depth  than  width. 

CYANIDE— A  combination  of  cyanogen  with  a  metal- 
lic base. 

DAM — Any  structure  to  obstruct  the  flow,  or  change 
the  course  of  water. 

DEAD  WORK— Unproductive  work  necessary  to  the 
development  of  a  mine, 

DEBRIS— Broken  and  detached  rock— refuse  matter. 

DEPOSIT— A  body  of  mineral  not  in  place,  as  in  the 
form  of  nuggets  or  pockets. 

DIAMOND-DRILL— A  rock  drill  with  black  dia- 
monds set  in  the  head. 

DIKE,  or  DYKE— A  wall-like  mass  of  mineralized 
matter,  usually  an  intrusion  of  igneous  rock,  filling  up 
fissures  in  the  original  formation. 

DILUVIUM— A  superficial  deposit  of  loam,  sand, 
gravel,  etc.,  caused  by  action  of  water. 

DIP— The  inclination  of  a  vein  from  a  perpendicular, 
measured  In  degrees.  The  general  direction  of  such  in- 
clination, as,  the  dip  of  a  veiii,  thf;  strike  of  which  is 


OP  Tilt:  UNITED  STATES.  f>lB 

tiorth  and  south,  will  generally  be  to  the  cast  or  west. 
See  p.  52  iof  diagram. 

DRIFT— An  underground  horizontal  passage,  gener-  . 

ally  driven  along  the  course  of  the  vein. 

DRILL— A  metallic  tool  for  boring  in  rock. 

DRIVING— A  horizontal  extension  of  an  excavation, 
as  distinguished  from  sinking  or  raising. 

DUMP— A   deposit   or   place   of   deposit   of   material 
taken  from  a  mine. 

EXPLOITATION—  Vorking   or     development     of    a 
mine. 
FACE— The  open  end  of  a  tunnel  or  drift. 
FAN— A  blower  to  force  air  in  or  out  of  a  mine, 

FAULT— A   break    in    the    continuity    of   a    Vein    oi* 
stratum. 

FEEDER— A  small  vein  leading  to  a  larger  one, 

FERRUGINOUS— Containing  iron. 

FISSURE— A  cleft  or  crack  in   a  geological   forma- 
tion.   The  matter  filling  it  is  called  a  vein. 

FLASK— An  iron  receptacle  for  holding  quicksilver, 
containing  76^/^  pounds.  ;; 

FLOAT— Pieces  of  rock  or  ore  detached  from  their  fe 

formation  or  veins.  ;, 

FLOUR  GOLD— Exceedingly  fine  gold.  ! 

FLUME — A  pipe  or  trough  for  conducting  water  for 
mining  or  other  operations. 

FLUX— Any  substance  used  to  promote  the  fusion 
of  metals  or  minerals. 

FOOT-WALL-See  Wall. 

FORFEITURE— The  loss  of  possessory  title  to  or  in 
a  mining  claim  either  (1)  by  failure  to  perform  re- 
quired annual  labor  on  the  claim,  such  failure  being 
followed  by  relocation  by  third  persons;  or  (2)  by  fail- 
ure on  the  part  of  a  tenant  in  common  to  contribute  to 
his  co-tenant  his  proportion  of  the  expense  incurred 
in   complying  with   law   in  this   respect. 

FORMATION— A  series  of  rock  or  strata.  Used  also 
in  speaking  of  their  general  characteristics,  as,  lime- 
stone formation. 

FREE-MILLING— "Easily  reduced;     f;ald    of    aurif- 


mf 


1 
f 


216 


MINKUAL    LAND    LAWS 


erous    ami    argentiferous    ores    which     are     reducible 
without   previous   roasting."— Century   Diet. 

FUSE— A  tape  or  ribbon  tilled  or  saturated  with  com- 
bustible matter  and  used  in  exploding  a  charge  or 
blast. 

GANGUE — That  part  of  a  vein  surrounding  the 
metallic  ore. 

GASH  VEIN— A  small  narrowing  seam  of  quartz  or 
other  rock, 

GRUB  STAKE— A  contract  whereby  one  person  fur- 
nishes supplies,  etc.,  to  a  prospector  for  an  interest 
in  any  mineral  deposit  that  may  be  found. 

HANGING  WALL— See  Wall. 

HORSE— A  mass  of  country-rock  enclosed  in  a 
vein. 

HYDRAULIC— That  method  of  placer  mining  in 
which  the  force  of  a  stream  of  water,  passing 
through  a  nozzle  under  high  pressure,  is  employed  to 
disintegrate  auriferous  earth  or  gravel,  and  wash 
the  same  into  sluice  boxes  where  the  gold  is  caught. 

IMPREGNATION— A  mineralized  body  of  rock  with- 
out definite  boundaries;    distinguished  from   "deposit" 
or    "segregation,"    the    boundaries   of   which    are   de 
terminable. 

INCLINE— A  shaft  or  underground  passage  way  at 
an  angle  to  the  plane  of  the  horizon. 

IN  PLACE— A  vein  of  ore  in  position  as  originally 
formed  in  a  fissure  or  between  different  formations. 

JUMP— 1.  A  dislocation  in  a  mineral  stratum— a 
fault. 

2.  To  relocate  the  claim  of  another  with  or  without 
right. 

LAGGING — Small  timbers  placed  behind  stuUs  or  up- 
rights to  prevent  falling  or  caving  of  rock  or  earth,  or 
in  stoping,  placed  upon  the  stulls. 

LEAD— See  Vein. 

LEADER— A  small  vein  leading  to  a  lavger  one. 

LEDGE— See  Vein. 

LEVEL— A  horizontal  passage  from  a  shaft.  Gen- 
erally applied  where  there  are  several  such  passages 


OF  THE  UNITKD  STATES. 


mf 


at  different  altitudes,   the  first  level  being  that   near- 
est  the  surface. 

LIFT— The  difference  in  altitude  between  two  hori- 
zontal passages  in  a  mine.  Sometimes  used  to  denote 
the  upward  dislocation  of  a  vein. 

LOCATION— 1.    The  appropriation,  according  to  law, 
of  a  parcel  of  land  as  a  mining  claim. 
2.    Sometimes  used    as    synonymous    with     "claim." 

LODI^— See  Vein. 

LONG-TOM— See  Rocker. 

MASSIVE— A  non-stratified  formation. 

MATRIX— See  Gangue. 

MERCURY— Sulphide  of  cinnabar— quicksilver.  Used 
to  catch  gold,  with  which  it  readily  amalgamates. 

MILL  RUN— The  work  of  mills  or  reductior  works 
between    "clean-ups." 

MILL  TEST— An  actual  test  of  the  value  of  ore  by 
mill  treatment,  as  distinguished  from  "assay,"  in 
which  only  samples  are   tested. 

MINE— 1.    A  subterranean  cavity  or  passage  for  the 
excavation  of  metallic  ores  or  mineral  substances. 
2.    The  tract  or  claim  embraced  in  a  location. 

MINER'S  INCH— The  amount  of  water  flowing  at  a 
certain  head  for  a  certain  period  through  an  aperture 
of  one  square  inch.  These  factors  vary  in  different 
localities. 

MONITOR— A  rjozz  ;  working  on  a  universal  joint, 
through  which  a  s  uam  of  water  is  directed  for  hy- 
draulic mining. 

MONOCLINALr— A  series  of  parallel  strata. 
MORTAR— Heavy    iron     vessel     in     which     rock    Is 
crushed  either  by  hand-pestles  or  stamps. 

MOUTH— The  open  end  of  a  shaft,  passage,  or  under- 
ground excavation. 

NUGGET— A  lump  or  mas."?  of  mineral,  generally  ap- 
plied to  gold. 

OPEN  CUT— An  excavation  not  entering  cover. 
ORE— The    compound   of    a    metal    and    some    other 
substance.     Metalliferous   rock. 
ORE  CHUTE-Seo  Chute. 


li 


218 


MINERAL    LAND    LAWS 


ORE  ZONE— A  defined  area  of  mineralized  rock 
which   may   contain   veins  or  deposits. 

OUTCROP— Surface   indications   of   a  vein. 

PAN— A  shallow  vessel  for  the  washing  of  aurif- 
erous sand,  gravel,  or  pulverized  rock,  for  the  extrac- 
tion of  gold. 

PANNING — The  extraction  of  minerals  more  espe- 
cially gold,  by  use  of  water  to  wash  away  the  lighter 
materials,  the  gold,  being  heavier,  remaining  at  the 
bottom. 

PAY  ORE— That  ore  which  ib  susceptible  of  profit- 
ble  extraction  and  treatment. 

PAY  STREAK— That  portion  of  a  vein  containing 
pay  ore. 

PETER  or  PETER  OUT— A  gradual  diminution  or 
failure  in  quantity  or  richness. 

PINCH— A  contraction  or  obliteration  of  a  vein. 

PITCH— See  Dip. 

PLACE— See  In  Place. 

PLACER— A  valuable  deposif  of  mineral  not  in 
rock  in  place.    See  Sec.  2329,  U.   S.  Rev.  Stat. 

POCKET— An  isolated  deposit  of  ore  as  distinguished 
from  a  continuous  vein. 

POWER  DRILL— A  drill  propelled  by  the  appli- 
cation generally  of  electricity  or  compressed  air. 

PROSPECT— 1.  Generally,  to  search  for  a  mineral- 
bearing  vein  or  deposit. 

2.  To  investigate  the  value  of  same. 

3.  An  undeveloped  mine. 

QUARTZ— A  crystalline  silica,  often  carrying  met- 
als. 

QUARTZITE—Granular  quartz. 

RAISE— See  Upraise. 

REEF— The  outcrop  of  a  vein  projecting  above  the 
surface. 

REFRACTORY— Resisting  ordinary  treatment.  Dif- 
ficult of  fusion  or  reduction. 

RETORTING— Removal  of  quicksilver  from  amalgam 
by  volatilization  and  condensation. 


OF  THE  UNITED  STATES. 


219 


RIFFLES— An  obstruction  placed  in  a  sluice  for  the 
purpose  of  catching  gold  as  it  is  washed  down.  Quick- 
silver is  frequently  placed  above  the  riffles,  which 
usually  consist  of  cross  blocks. 

RIM-ROCK— The  upper  edge  of  bed  rock  which 
forms  the  boundary  of  placer  deposits. 

ROASTING— Exposure  of  ores  to  heat  for  purpose  of 
expelling  sulphur,  arsenic,  etc.,  the  substances  to  be 
expelled  being  volatilized  by  the  heat. 

ROB— To  extract  the  minerals  from  a  mine  regard- 
less of  the  condition  in  which  it  is  left. 

ROCK-DRILL— See   Drill. 

ROCKER — A  small  inclined  trough,  containing  riffles 
and  set  on  rockers,  the  gravel  being  washed  through  a 
screen  at  the  upper  end  and  thence  over  the  riffles, 
which  catch  the  gold,  the  trough  being  rocked  or  os- 
cillated meanwhile. 

ROYALTY— Th»  owner's  share  in  the  proceeds  of  a 
mine. 

SADDLE— The  highest  portion  of  an  upward  fold 
of  stratum. 

SALTING— The  placing  of  ore  or  mln  ral  in  a  mine 
for  the  fraudulent  purpose  of  increasing  its  apparent 
value. 

SAMPLING  WORKS— Works  for  ascertaining  the 
value  of  ores. 

SEAM— A  small  mineralized  crevice  or  fissure. 

SEGREGATION— See  Impregnation. 

SELVEDGE— A  thin  layer  of  earthy  matter  between 
the  wall  and  the  vein. 

SHAFT— A  well-like  excavation  in  the  earth.  If  not 
perpendicular,  it  is  termed  an  incline  shaft. 

SHEATHING— A  close  covering  or  lining  of  planks. 

SHIFT— 1.    A  miner's  work  for  one  day. 
2.    Those  engaged  in  the  work  at  one  time,  as  night- 
shift,  and  day-shift. 

SHOE— The  piece  of  steel  ad  the  crushing  end  of  a 
stamp;  removable  when  worn  out. 

SHOOT— See  Chute. 

SLAG— Dross  or  waste  left  from  smelted  ore. 


'ii'ii 


li    i 


220 


MINERAL    LAND    LAWS 


SLIDE— 1.    A  vertical  dislocation  of  a  vein  or  forma- 
tion. 
2.    The  loose  rock  overlying-  the  country  formation. 

SLIME— "Ore  reduced  to  a  very  fine  powder  and  held 
in  suspension  in  water,  so  as  to  form  a  kind  of  thin 
ore-mud;  generally  used  in  the  plural.  In  the  slimes 
the  ore  is  in  a  state  of  almost  impalpable  powder,  so 
that  it  requires  a  long  time  for  settling." 

SLOPE— See  Incline. 

SLUICE— A  ditch,  box,  or  series  of  boxes  contain- 
ing riffles  through  which  auriferous  matter  is  washed, 
the  gold  settling  behind  the  riffles. 

SMELTING— With  most  ores,  generally  comprises 
several  processes: 

1.  Calcination  or  roasting  to  expel  the  sulphur. 

2.  Reduction  of  the  metal. 

3.  Refining  or  expelling  all  metals  associated  with 
those  sought. 

SPUR— An  off-shoot  or  branch  of  a  vein. 

STAMP-MILL— "A  crushing-mill  employing  stamps 
or  pestles  to  crush  ore  or  rock  to  powder  preparatory 
to  treatment  for  extracting  metals.  The  stamps,  which 
are  often  of  great  size  and  weight,  are  arranged  in  a 
row,  and  are  usually  raised  by  means  of  wipers  or 
cams  on  a  revolving  shaft  turned  by  steam  or  water- 
power.  The  cams  release  the  stamps  in  turn,  and 
they  fall  on  the  ore  placed  in  chambers  below,  the 
sides  of  these  chambers  being  perforated  to  ailow  the 
escape  of  the  crushed  material  as  soon  as  reduced  to 
the  required  fineness,  while  a  stream  of  water  sweeps 
the  slimes  away  as  they  are  produced.  Such  a  row 
of  stamps  is  also  called  a  stamp-battery."— Century 
Diet. 

STEP-VEIN— A  vein  following  a  stratum  of  coun- 
try-rock,  then  cutting  through  the  next  higher  or 
lower  stratum  and  following  that,  preserving  its  con- 
tinuity. 

SIXDPING— 1.  Excavation  of  ore  rendered  accessible 
by  oti^er  workings. 

2.  OVERHAND-STOPING— Taking  ore  from  the 
roof  or  upper  side  of  an  opening,  the  loosened  rock 
falling  to  tie  floor  or  to  the  "lagging"  supported  on 
"stulls." 


OP  THE  UNITED  STATKS. 


221 


3.  UNDERHAND  STOPING— Taking  ore  from  the 
floor  of  a  working  chamber.  Not  used  where  over- 
hand stoping  is  feasible. 

STRATUM— A  bed  of  earth  or  rock. 

STRIKE— See  Course. 

STRINGER— A  small  mineralized  seam  leading  to  a 
vein. 

STRIP— To  remove  wash  and  surface  rock  from  a 
vein. 

STULiLS— Heavy  timbers  secured  in  an  underground 
working',  generally  in  a  stope.  On  the  stulls  rest  the 
lagging,  forming  a  platform,  onto  which  the  loos- 
ened rock  falls. 

SYNCLINAL— The  downward  fold  of  strata.  The 
opposite  of  anticlinal. 

TAILINGS— A  refuse  matter  of  stamped  ore,  or  ma- 
terial which  has  been  sluiced  in  placer  mining. 

TAMP— To  tightly  fill  with  earth  the  hole  in  which 
a  blasting  charge  has  been  placed,  in  order  tc  tivo 
rending  force  to  the  blast. 

THROW— An  upward  or  downward  dislocation  of  a 
vein  or  stratum. 

TRAM— A  small  car  used  for  transporting  ore  or 
rock.  Sometimes  applied  to  the  system  of  tracks  and 
cars. 

TUNNEL— An  underground  passage  generally  hori- 
zontal, and  usually  driven  across  the  vein.  From  it 
drifts  arj  run  along  the  vein. 

UNDER-HAND— Excavation  from  below.  See  Stop- 
ing. 

UPCAST— A  ventilating  shaft  with  an  ascending  cur- 
rent of  a.ir. 

UPRAISE— A  shaft  or  winze  excavated  from  below. 
The  opposite  of  sinking-. 

UPTHROW— A  raising  or  upheaval  of  strata, 

VANNERS— Copper  plates  on  which  quicksilver  iH 
placed,  and  over  which  ore  flows  from  a  concentrator, 
the  gold  being  caught  by  amalgamation  with  the 
quicksilver. 

VANNING- Tlie  use  of  a  shovel  as  a  pan, 


- 


\i 


222 


MINERAL   LAND   LAWS 


VEIN— 1.  A  cleft  or  fissure  filled  with  mineralized 
matter  traversing  a  formation. 

2.  The  space  between  two  formations  filled  with  such 
matter.  In  the  latter  case  it  is  called  a  "contact"  or 
"blanket"  vein.  See  page  23  hereof  for  definitions 
by  the  courts. 

WALL— 1.    The  side   of  an   underground   horizontal 
working. 
2.    The  rock  within  which  the  vein  is  inclosed. 

HANGING-WALL— the  country  rock  overlying  a 
vein. 

FOOT- WALL— the  underlying  boundary  of  a  vein. 

WASTE— Refuse  matter. 

WHIM  OR  WHIMSEY— A  capstan  or  windlass 
worked  by  liorse  or  steam-power  for  raising  ore  from 
a  mine  by  means  of  a  rope  or  cable. 

WHIP— A  simple  rope  and  pulley  for  hoisting  pur- 
poses worked  by  horse-power. 

WINDLASS  OR  WINCH— A  horizontal  drum  and 
crank  worked  by  hand.    Used  for  hoisting  purposefi. 

WINZE— An  interior  shaft  frequently  connecting  two 
levels. 

WORKINGS— Surface  or  underground  excavations 
for  mining  purposes. 

ZONE— A  mineralized  belt. 


PAKT  IV. 


ALASKA  AND  THE  KLONDIKE. 

The  return  within  the  past  eighteen  months  of  num- 
bers of  miners  from  the  interior  of  Alaska  and  the 
adjoining-  British  American  Territory  with  large  quan- 
tities of  that  metal  for  which  men  have  risked  their 
lives  since  history  had  its  birth,  has  made  familiar  in 
every  household  the  words  "Alaska"  and  "Klondike," 
and  the  names  of  those  cities  of  shingle  palaces  which 
have,  as  by  magic,  sprung  from  the  obscurity  of  the 
site  of  less  than  a  dozen  houses  to  the  dignity  of 
cities  so  far  as  regards  population  and  activity.  While 
to  many  the  words  "Alaska"  and  "Klondike"  are  syn- 
onymous, and  suggestive,  alike  of  an  undefined  country 
at  the  extreme  northwest  corner  of  the  western  hemis- 
phere, it  is  to  be  borne  in  mind  that  the  Klondike  re- 
gion, so  called,  is  thet  portion  of  the  British  North- 
west Territory  lying  just  to  the  east  of  the  United 
States  Territory  of  Alaska. 

Alaska,  as  a  geographical  subdivision,  comprises  a 
peninsula  extending  from  the  northwest  of  this  con- 
tinent to  the  westward,  separating  the  Pacific  and 
Arctic  Oceans  "nd  touching  the  coast  of  Siberia  but 
for  the  con:  aratively  narrow  Behring  Strait.  Its 
westernmost  Island,  Attu,  is  some  1,500  miles  west  of 
the  Hawaiian  Islands,  being  in  the  Eastern  Hem- 
isphere, its  area  is  approximately  570,000  square  miles, 
or,  roughly  speaking,  two  and  one-half  times  as  large 
as  Texas,  tight  limes  as  large  as  all  of  New  England, 
and  ten  times  the  size  of  the  State  of  Michigan, 

The  title  of  Russia  to  this  American  possession  was 
based  on  its  discovery  and  exploration  by  Behring, 
(after  whom  were  named  the  straits  separting  Alaska 
from  Siberia)  a  Russian  subject,  in  1741.  In  18(51  the 
United  States  began  negotiations  for  the  purchase  oj! 

229 


1  ^ 

;1 
i    ^1 


it 


n 


224 


MINERAL    LAND    LAWS 


what  was  then  known  as  Russian  America.  On 
March  30,  1867,  the  treaty  of  cession  was  signed,  the 
purchase  price  finally  paid  being  $7,200,000.  On  May  28, 
1867,  the  treaty  was  ratified  and  on  June  20,  1867,  was 
formally  proclaimed  by  this  government.  (See  15  Stat- 
utes at  Large  539  for  proclamation  and  copy  of  treaty). 
The  formal  transfer  of  the  territory  was  completed  on 
October  26,  1867,  by  Commissioners  Rousseau  and  Pest- 
chouroff. 

The  distance  of  the  Territory  from  even  the  Pacific 
States  and  the  rigor  of  its  climate  have  combined  to 
render  it  a  comparatively  unknown  country  until  with- 
in the  past  few  years,  and  even  now  but  little  is  known 
regarding  any  portion  of  it  save  the  southeasterly  por- 
tion, a  few  of  the  islands  and  that  portion  through 
which  flows  the  river  Yukon,  larger  than  even  the 
Mississippi,  heretofore  considered  the  "Father  of 
Waters"  of  the  continent. 

Chief  Moore  of  the  Weather  Bureau,  under  date  of 
July  29,  1897,  issued  a  bulletin  on  the  climate  of  Alas- 
ka, as  follows: 

The  general  conception  of  Alaskan  climate  is  largely 
due  to  those  who  follow  the  sea,  and  this  is  not 
strange  when  we  consider  the  vast  extent  of  shore 
line  (over  26,000  miles)  possessed  by  that  territory.  The 
climates  of  the  coast  and  the  interior  are  unlike  in 
many  respects,  and  the  differences  are  intensified  in 
this  as  perhaps  in  few  other  countries  by  exceptional 
physical  conditions.  The  natural  contrast  between 
lane'  and  sea  is  here  tremendously  increased  by  the 
current  of  warm  water  that  impinges  on  the  coast 
of  British  Columbia,  one  branch  flowing  northward 
toward  Sitka,  and  thence  westward  to  the  Kadiak 
and  Shumagin  islands.  The  fringe  of  islands  that 
separates  the  mainland  from  the  Pacific  Ocean  from 
Di:  on  Sound  northward,  and  also  a  strip  of  the 
mainland  for  possibly  20  miles  back  from  the  sea,  fol- 
lowing the  sweep  of  the  coast  as  it  curves  to  the 
northwestward  to  the  western  extren.ity  of  Alaska, 
form  a  distinct  climatic  division  which  may  be  termed 
temperate  Alaska. 

The  temperature  rarely  falls  to  zero;  winter  does  not 
set  in  until  about  December  1,  and  by  the  last  of 
May  the  snow  has  disappeared  except  on  the  moun- 
tains.   The  mean  winter  temperature  of  Sitka  }s  32.5', 


m 


OF  THK  UMTKD  STATICS. 


225 


but  little  less  than  that  of  Washington.  D.  C.  While 
Sitka  is  fully  exposed  to  the  sea  influence,  places  far- 
ther inland,  but  not  over  the  coast  range  of  moun- 
tains, as  Killisnoo  and  Juneau,  have  also  a  mild  tem- 
perature throughout  the  winter  months.  The  tem- 
perature changes  from  month  to  month  in  temperate 
Alaska  are  small,  not  exceeding  25°  from  midwinter  to 
midsummer.  The  average  temperature  of  July,  the 
warmest  month  of  summer,  rarely  reaches  55^,  and 
the  highest  temperature  for  a  single  day  seldom 
reaches  75°. 

The  rainfall  of  temperate  Alaska  is  notorious  the 
world  over  not  only  as  regards  the  quantity  that  falls, 
but  also  as  to  the  manner  of  its  falling,  viz.:  In  long 
and  incessant  rains  and  drizzles.  Cloud  and  fog  natur- 
ally abound,  there  being  on  an  average  but  66  clear 
days  in  the  year. 

Alaska  is  a  land  of  striking  contrasts  both  in  climate 
as  well  as  topography.  VVhen  the  sun  shines,  the  at- 
mosphere is  remarkably  clear,  the  scenic  effects  are 
magnificent,  all  nature  seems  to  be  in  holiday  attire. 
But  the  scene  may  change  very  quickly;  the  sky  be- 
comes overcast;  the  winds  inviease  in  force;  rain  be- 
gins to  fall;  the  evergreens  sigh  ominously,  and  utter 
desolation  and  loneliness  prevail. 

North  of  the  Aleutian  Islands  the  coast  climate  be- 
comes more  rigorous  in  winter,  but  in  summer  the 
difference  is  much  less  marked.  Thus,  at  St.  Michaels, 
a  short  distance  above  the  mouth  of  the  Yukon,  the 
mean  summer  temperature  is  50°,  but  4°  cooler  than 
Sitka.  The  mean  summer  temperature  of  Point  Bar- 
row, the  most  northerly  point  in  the  United  States,  is 
36.8°,  but  four-tenths  of  a  degree  less  than  the  tem- 
perature of  the  air  flowing  across  the  summit  of  Pike's 
Peak,  Colorado. 

The  rainfall  of  the  coast  region  north  of  the  Yukon 
delta  is  small,  diminishing  to  less  than  10  inches  with- 
in the  Arctic  circle. 

The  climate  of  the  interior,  including  in  that  desig- 
nation practically  all  of  the  country  except  a  nairow 
fringe  of  coastal  margin  and  the  territory  before  re- 
ferred to  as  temperate  Alaska,  is  one  of  extreme  rigor 
in  winter,  with  a  brief  but  relatively  hot  summer, 
especially  when  the  sky  is  free  from  cloud. 

In  the  Klon(Jike  region  in  midwinter  the  sun   rises 

15 


:1 


1:5 


!■! 


M 


226 


MINERAL    LAND    LAWS 


from  9:30  to  10:00  a.  m.  and  sets  from  2:00  to  3:00  p.  m., 
the  total  length  of  daylight  being  about  four  hours. 
Remembering  that  the  sun  rises  but  a  few  degrees 
above  the  horizon  and  that  it  is  wholly  obscured  on  a 
great  many  days,  the  character  of  the  winter  months 
may  easily  be  imagined. 

We  are  indebted  to  the  United  States  Coast  and 
Geodetic  Survey  for  a  series  of  six  months'  observa- 
tions on  the  Yukon,  not  far  from  the  site  of  the  pres- 
ent gold  discoveries.  The  observations  were  made 
with  standard  instruments  and  are  wholly  reliable.  The 
mean  temperatures  of  the  moi.ths  October,  1889,  to 
April,  1890,  both  inclusive,  are  as  follows:  October,  33'' 
(above  zero);  November,  8^  (above  zero);  December, 
11°  (below  zero);  January,  17°  (below  zero);  February, 
15°  (below  zero);  March,  6°  (above  zero);  April,  20° 
(above  zero).  The  daily  mean  temperature  fell  and 
remained  below  the  freezing  point  (32°)  from  November 
4,  1889,  to  April  21,  1890,  thus  giving  168  days  as  the 
length  of  the  closed  season  1889-90,  assuming  that  out- 
door operations  are  controlled  by  temperature  only, 
being  suspended  when  the  daily  mean  falls  to  or  below 
the  freezing  point. 

The  lowest  temperatures  registered  during  the  winter 
were: 

32°  below  zero  in  November. 

47°  below  zero  in  December. 

59°  below  zero  in  January. 

55°  below  zero  in  February.  -  . 

;,  45°  below  zero  in  March. 

2G°  below  zero  in  April.  . 


The  greatest  continuous  cold  occurred  in  February, 
1890,  when  the  daily  mean  for  five  consecutive  days  was 
47°  below  zero.  The  weather  moderated  slip:htly  about 
the  1st  of  March,  but  the  temperature  still  remained 
below  the  freezing  point.  Generally  cloudy  weather 
prevailed,  there  being  but  three  consecutive  days  in 
any  month  with  clear  weather  during  the  whole  winter. 
?now  fell  on  about  one-third  of  the  days  in  winter  and 
a  less  number  in  the  early  spring  and  late  fall  months. 

Greater  cold  than  that  here  noted  has  been  experi- 
enced in  the  United  States  for  a  very  short  time,  but 
never  has  it  continued  so  very  cold  for  so  long  a  time. 
In  the  interior  of  Alaska  the  winter  sets  in  as  early  as 


m 


OF  THE  UNITED  STATES. 


227 


September,  when  snowstorms  may  be  expected  in  the 
mountains  and  passes.  Headway  during  one  of  these 
storms  is  impossible,  and  the  traveler  who  is  over- 
taken by  them  is  indeed  fortunate  if  he  escapes  with 
his  life.  Snow  storms  of  great  severity  may  occur  in 
any  month  from  September  to  May,  inclusive. 

The  changes  of  temperature  from  winter  to  summer 
are  rapid,  owing  to  the  great  increase  in  the  length 
of  the  day.  In  May  the  sun  rises  at  about  3.00  a.  m. 
and  sets  about  9.00  p.  m.  In  June  it  lises  about  1.30 
in  the  morning  and  sets  at  10.30  p.  m.,  giving  about 
twenty  hours  of  daylight  and  diffuse  twilight  the  re- 
mainder of  the  time. 

The  mean  summer  temperature  of  the  interior  doubt- 
less ranges  between  60"  to  TC"  according  to  elevation, 
being  highest  in  the  middle  and  lower  Yukon  valleys. 


In  addition  to  this,  it  may  be  remarked  that  the 
reason  for  the  temperate  climate  along  the  coast  and 
the  numerous  neighboring  islands,  is  found  in  the  ex- 
istence of  a  branch  of  the  warm  Japan  stream  which 
here  brings  the  warmth  of  the  tropics  almost  within 
the  Arctic  circle. 

As  seen  from  the  report  of  Chief  Moore,  the  winter 
temperature  of  Sitka  is  about  the  same  as  that  of 
Washington  City. 

The  tempering  effects  of  the  warm  winds  which  ac- 
company the  Japan  stream  are  spent  upon  the  coast 
side  of  the  mountains,  however,  and  leave  to  the  in- 
terior and  the  adjacent  British  American  possessions 
a  climate  very  nearly  arctic  in  its  severity  during  the 
winter  season,  which  comprises  about  seven  months 
of  the  year.  Owing  to  the  dryness  of  the  air,  how- 
ever, a  temperature  so  low  as  to  cause  a  shiver  in 
the  mind  of  one  dwelling  in  damp  climates  can  be 
borne  without  hardship  by  those  properly  equipped. 

While  it  at  first  would  strike  the  casual  reader  that 
the  principal  placer  region,  lying  between  Dawson  City 
in  the  Northwest  Territory  and  Circle  City,  Alaska,  is 
far  removed  from  civilization,  it  is,  in  point  of  time 
necessary  to  reach  it,  much  nearer  to  any  part  of  the 
United  States  than  was  California  to  the  East  when 
the  gold  seekers  were  obliged  to  make  a  sailing  voyage 
of  several  months  or  endure  the  greater  hardship  of 
traversing  the  plains  and  mountains  by  wagon  train. 

From   Seattle,    Washington,   to   Juneau  is  900  miles, 


I'C! 


y:  -i 


'Iri 


it 

Sj 

I 


m 


228 


MINEUAL   LAND    LAWS 


only  a  pleasant  ocean  trip  of  not  more  than  3  or  4 
days.  From  Juneau  to  Dyea  (or  Taiya)  is  a  trip  of 
100  miles,  made  by  steamer  in  half  a  day  at  a  cost  of 
only  $10.00.  From  Dyea  to  Dawson  City  is  580  miles, 
and  it  is  In  the  traversing  of  this  distance  that  the 
traveler's  endurance  is  taxed. 

From  Dyea  the  route  is  up  Dyea  river,  if  frozen, 
otherwise  along  a  trail  skirting  its  bank,  and  thence 
through  the  famous  Chilkoot  Pass  to  the  summit  of 
the  mountains  which  divide  the  coast  from  the  head- 
waters of  the  tributaries  of  the  Yukon.  The  entire 
distance  from  Dyea  to  Lake  Lindeman  (oi  Linderman) 
is  only  about  24  miles.  The  first  stage  (about  6  miles) 
as  above  indicated,  is  along  Dyea  river,  then  comes 
the  ascent,  which  from  the  base  to  the  summit  is  about 
9  miles.  The  ascent  is  difficult  for  about  three  miles, 
but  the  descent  to  Lake  Lindeman  through  a  small 
pass  is  not  difflcult.  This  lake  is  about  6  miles  long, 
and  is  open  as  early  as  the  middle  of  May.  It  is  con- 
nected with  Lake  Bennett,  but  a  short  portage  is 
necessary  between  the  two  lakes.  Navigation  may  be 
continued  through  this  lake,  which  is  about  25  miles 
long,  by  raft,  though  boat  timber  is  to  be  found  in  the 
vicinity. 

This  lake  is  connected  in  turn  with  Tagish  lake, 
which  is  considerably  longer  and  is  frequently  subject 
to  winds  so  high  as  to  interfere  with  navigation.  From 
this  lake  an  easily  navigated  river  leads  to  Lake 
Marsh,  20  miles  long  and  thence  to  Lake  Labarge.  The 
itinerary  from  Lake  Lindeman  to  Dawson  City  is  fully 
described  at  page  275  hereof. 

Without  a  doubt,  the  mining  of  gold  in  Alaska  and 
the  Klondike  has  but  just  begun.  News  of  the  dis- 
coveries of  fresh  fields  of  even  greater  richness  than 
those  heretofore  known  indicate  that  the  production  of 
the  metal  during  the  year  1897,  roughly  estimated  at 
$10,000,000,  will  be  greatly  exceeded  during  the  present 
year,  with  a  better  knowledge  of  the  country,  the  bene- 
fit of  previous  experience,  cheaper  food,  and  le^s  prim- 
itive processes  of  collecting  the  gold  from  the  gravel. 

Some  of  the  most  recent  discoveries  reported  are 
on  the  Indian,  Big  Salmon  and  Minook  rivers,  in  Can- 
adian territory,  but  from  all  accounts  received  it  would 
seem  that  there  is  every  probability  of  a  revelation 
during  the  season  of  1898  of  equally  rich  and  extensive 


OF  TTTR  UNITED  STATRS. 


a8» 


deposits  alonp:  Birrli,  Miller  and  noiKliborlnp  creeks, 
and  aloiiK  tlu>  Tanana,  Susliitna  and  ('oi)i)er  rivers,  all 
in  Alaska.  Tlu'  rcsnlts  of  la»s.t  yeai's  |>ros|)<.'cting  along 
the  last  named  river,  which  empllts  into  the  Alaskan 
«nlf  on  the  south  coast,  were  so  favorable  that  many 
parties  arc  now  preparing  to  thoroughly  examine  ij; 
this  year.  Thus  far  the  mining  on  American  territory 
has  been  confined  to  Birch  creek  and  tributary  streams 
just  west  of  rircle  City. 

A  land  oflice  will  doubtless  be  established  at  Circle 
City  or  at  some  other  place  in  the  interior  at  an  early 
date;  in  fact,  it  would  probably  have  been  established 
in  1897  but  for  the  fact  that  Congress,  after  author- 
izing the  appointment  of  additional  local  land  officers, 
neglected  to  appropriate  for  their  compensation,  in 
view  of  which  omission  no  great  pressure  has  been 
brought  to  bear  by  office-seekers  in  order  to  secure 
appointment  to  these  places. 

AlTtention  is  directed  to  the  liberality  with  which 
the  miner  is  treated  by  the  United  Staies  government 
as  contrasted  with  the  mineral  land  system  of  British 
America.  Under  the  United  States  laws,  a  citizen,  or 
one  who  has  declared  his  intention  of  becoming  a 
citizen,  may  go  anywhere  upon  the  unreserved  public 
domain,  and,  for  his  energy  in  discovering  and  develop- 
ing the  inineral  resources  of  the  country,  is  absolutely 
given  the  exclusive  right  to  work  the  claim  located 
for  his  sole  benefit;  while  under  the  laws  of  Canada, 
every  other  claim  is  reserved  absolutely  to  the  govern- 
ment, and  a  large  royalty  on  the  mineral  produced  is 
exacted  from  the  miner  who  has  the  good  fortune  to 
discover  a  paying  mine.  The  expense  of  maintaining 
possessory  right  from  year  to  year  under  the  Cana- 
dian laws  is  also  considerable. 

It  is  impossible  at  the  present  time  to  ascertain  with 
any  certainty  the  extent  to  which  Alaskan  miners 
have  availed  themselves  of  the  privilege,  given  by  sec- 
tion 2324,  U.  S.  Revised  Stat.,  of  forming  mining  dis- 
tricts with  local  rules,  regulations,  or  customs;  but  it 
is  known  that  a  number  of  such  districts  have  been 
established  and  recorders  of  notices  of  mining  loca- 
tions elected.  If  reports  are  true  of  the  regulations 
of  several  of  these  districts,  and  especially  with  re- 
spect to  the  performance  of  annual  assessment  work, 
some  rules  adopted  for  these  districts  are  probably  in 


m 


m 


U^-: 


W 


IS 


.Jt 


!TP 


2.10 


MINERAL   LAND   LAWS 


contravention  of  United  States  laws,  and  must  there- 
fore sive  way  to  tlie  latter.  It  is  very  probable  that 
the  importance  of  these  districts  will  never  be  as  ^leat 
as  it  has  been  in  other. mining  regions,  by  reason  of 
the  fact  that  the  popiilation  will  always  be  of  a  more 
shifting  character  in  this  inhospitable  climate  than 
in  those  localities  which,  while  first  settled  by  pros- 
pectors,  now  contain  prosperous  cities. 

The  prospector  goes  to  Alaska  with  the  hope  of 
"striking  it  rich"  and  then  returning  home,  there  be- 
ing no  inducement  to  remain  there  longer  than  neces- 
sary to  secure  the  coveted  sack  of  the  precious  dust 
or  nuggets. 


RESERVATIONS. 

By  President  Harrison's  proclamation  of  June  21,  1890, 
certain  tracts  at  Juneau,  Sitka,  Douglas  and  Fort 
Wrangel  were  reserved  for  public  use,  for  public 
buildings,  barracks,  wharves,  coaling  stations,  etc. 
By  President  Cleveland's  proclamation  of  November  14, 
1896  (29  Stat,  at  Large,  883),  the  reservation  at  Sitka  was 
lessened  to  the  extent  of  certain  lands  occupied  by  the 
Greco-Russian  Church. 

By  Executive  order  of  February  20,  1897,  certain  tracts 
were  reserved  on  Kupreonof  Island,  Chichagoff  Island, 
and  at  Chilcat,  for  public  uses;  also  a  tract  on  Iliuliuk 
Harbor  at  Unalaska,  as  a  coaling  and  supply  station 
for  the  use  of  the  U.  S.  Revenue  Marine  service. 

By  Executive  order  of  August  21,  1897,  tracts  on 
Kadiak  and  Killisnoo  Islands,  on  which  public  school 
buildings  were  situated,  were  withdrawn,  as  also  a 
tract  situate  in  the  town  of  Unalaska. 

By  Executive  order  of  October  IB,  1897,  a  tract  desig- 
nated as  "Lot  20a,"  in  the  town  of  Sitka,  was  reserved 
for  naval  purposes. 

The  largest  reservation  in  the  district  of  Alaska, 
however,  is  that  at  Fort  St.  Michael,  near  the  mouth 
of  the  Yukon.  The  order  of  reservation,  and  regula- 
tions thereunder,  are  as  follows: 


REGULATIONS. 
War  D-  partment,  Washington,  October  20,  1897. 
1.    By  outi  '■    ty  of  the  President,  the  land  known  as 


OF  THE  UNITRD  STATKS. 


m 


Ft,  MicliacI  Island,  Alaska,  with  all  conlis'ious  land 
and  islands  within  ono  hundred  miles  of  the  looation 
of  the  Ilagstatf  of  the  present  garrison  on  that  island, 
is  set  aside  from  the  public  lands  of  the  Territory  of 
Alaska  and  declared  a  miliiar."  reservation. 

Parties  who  have,  prior  to  the  receipt  of  this  order, 
located  and  erected  buildings  on  the  land  so  reserved, 
will  not  be  disturbed  in  their  use  of  lands,  buildings 
and  improvements,  nor  in  the  erection  of  structures 
needed  for  their  business  or  residence. 

2.    The  military  reservation  above  declared,  and  the 
military  post  located  thereon,  will  be  known  as  Fort . 
St.  Michael,  and  will  be  under  the  control  and  super- 
vision of  the  Comtr.anding  O^*"    n"  of  the  troops  there 
stationed. 

R.   A.   ALGER. 
Secretary  of  War. 

In  the  absence  of  other  provision  of  law  and  of  all 
local  civil  officials  within  the  limits  of  country  sur- 
rounding the  island  of  St.  Michael,  and  the  mouth  of 
the  Yukon  River,  the  foregoing  described  reservation 
has  been  established  for  the  security  of  life  and  prop- 
erty, the  preservation  of  order,  and  the  protection  cf 
property  and  business  interests.  Proper  persons,  asso- 
ciations, or  corporations  already  located  on,  or  desir- 
ing to  enter  upon  and  conduct  legitimate  business  en- 
terprises within  the  limits  of  this  Military  Reservation, 
will  observe  the  following  regulations: 

1.  Applications  for  permission  must  be  accompanied 
by  testimonials  of  good  character  and  standing,  and 
be  made  in  writing,  addressed  to  the  Secreta»'y  of  War, 
reciting  the  nature  of  the  business  to  be  coiducted; 
the  location,  as  nearly  as  possible,  on  unoccupied  land 
within  the  reservation;  the  area  of  land  necessary; 
number  and  character  of  buildings,  etc.,  to  be  erected, 
and  probable  date  when  occupancy  Is  to  be  commenced 
and  terminated.  Those  located  on  this  reservation  at 
the  time  the  reservation  was  made  will  in  like  manner 
present  their  application  for  pe/mits,  and  the  Com^ 
manding  Officer  will  not  disturb  them  in  their  use  and 
occupancy  in  conformity  to  the  ye  regulations  until  the 
action  of  the  Secretary  o^  War  on  their  application  Is 
known. 

2.  The  permit  to  be  Issued  by  the  Secretary  of  War 


\\ 


,i   I 


i 


L 


232 


MINERAL   LAND    LAWS 


'   ! 


will  describe  the  persons,  V)usiness,  location,  etc.,  and 
will  authorize  the  grantees  to  enter  upon  the  reserva- 
tion at  the  location  named,  and  maintain  the  specified 
business,  and  none  other.  Where  a  definite  location 
cannot  be  given  in  the  permit,  authority  will  be  ^iven 
to  the  Commaf^ding  Officer  of  Fort  St.  Michael  to  au- 
thorize an  appropriate  location;  but  no  permission  will 
be  given  to  use  land  that  was  included  under  the  orig- 
inal order  as  located  and  used,  and  no  permit  will  be 
given  to  locate  on  the  land  set  apart  for  buildings, 
wharves,  parade,  and  drill  grounds  for  the  post  of 
.Fort  St.  Michael.  A  plat  showing  authorized  locations 
and  grounds,  with  the  name  or  names  of  the  holders 
of  permits,  will  be  kept  in  the  office  of  the  Command- 
ing Officer. 

3.  This  permit  will  not  be  negotiable,  and  will  be 
of  no  value  or  effect  until  presented  to  and  recorded 
by  the  Commanding  Officer  of  Fort  St.  Michael,  and 
the  location  staked  out  by  him.  It  will  not  be  trans- 
ferable without  the  approval  of  the  Secretary  of  War, 
except  where  both  parties  to  the  transfer  are  on  the 
ground  and  one  desires  to  dispose  of  his  interest,  in 
which  event  the  Commanding  Officer  of  Fort  St.  Mi- 
chael may  authorize  the  transfer,  reporting  his  action 
to  the  War  Department.  It  will  give  no  right  or  title  to 
ownership  of  lands  occupied,  and  is  revocable  at  the 
will  of  the  Secretary  of  War. 

4.  Applications  for  permission  to  sell  any  improve- 
ments made  through  virtue  of  these  permits  must  be 
made  through  the  Commanding  Officer  of  Fort  St. 
Michael  to  the  Secretary  of  War,  and  will  only  be 
approved  on  the  same  conditions  on  which  a  permit 
is  originally  issued. 

5.  Persons,  associations,  or  corporations  occupying 
lands,  buildings,  or  privileges  under  these  permits  will 
be  subject  at  all  times  to  such  police  reguia^iou.-s  a^: 
may  be  imposed  from  time  to  time  by  the  Commanding 
Officer  of  Fort  St.   Michael  or  higher  authority. 

6.  Any  modification  of  this  permit,  after  use,  must 
be  applied  for  in  writing,  and  forwarded  through  tho 
Commanding  Officer  of  Fort  St.  Michael  for  the  ac- 
tion of  the  Secretary  of  War;  noliee  of  a  proposed  ter- 
mination of  the  permit  will  be  given  by  the  grantee 
at  least  thirty  days  before  removal,  and  upon  removal 
from  the  reservation  the  permit  will  be  surrendered  to 


OF  THE  I'NITED  STATES. 


283 


the  Comnuuidins'  Offirrr  of  Fort  St.  Michaol;  and  tlin 
location  must  hv  loft  by  the  oi'cuiiants  in  moocI  sani- 
tary and  police  condition. 

7.  In  case  of  naturally  restricted  landings,  sites  for 
buildiiiKs,  ship-yards,  etc.,  no  monopoly  will  be  given 
to  any  person  or  corporation,  and  no  permit  will  be 
construed  to  do  this,  and  all  disagreements  between 
holders  of  permits  will,  after  a  careful  hearin^^  by  him, 
be  settled  by  the  Commanding  OlTicer  of  Fort  St. 
Michael. 

8.  No  retail  of  distilled  spirits  on  the  reservation 
will  be  allowed;  but  this  prohibition  shall  not  include 
light  Wiiies  or  beer.  (Section  1955,  Revised  Statutes; 
Act  approved  May  17,  1884.) 

9.  It  is  to  be  understood  that  these  permits  are 
issued  subject  to  any  subsequent  legislation  of  Con- 
gress. 


m 


ANNETTE    ISLAND. 


This  island  is  in  the  extreme  southeasterly  part  of 
Alaska,  being  some  distance  south  of  Sitka.  It  con- 
tains about  135  square  miles,  is  fairly  wooded,  and  has 
salmon  fisheries.  Its  chief  peculiarity  lies  in  the  fact 
that  it  is,  to  all  intents  and  purposes,  an  Indian  reser- 
vation for  the  benefit  of  a  tribe  of  Canadian  Indians 
who  left  British  Columbia  by  reason  of  trouble  aris- 
ing between  the  missionary,  under  whose  charge  they 
have  been  civilized,  and   the  Canadian  authorities. 

By  Section  15  of  the  act  approved  March  3,  1891,  26 
Statuses  at  Large,  1101,  it  was  enacted: 


;? 


m 


"That  until  otherwise  provided  by  law,  the  body  of 
lands  known  as  the  Annette  Islands,  situated  in  Alex- 
ander Archipelago,  in  Southeastern  Alaska,  on  the 
north  side  of  Dixon's  entrance,  be,  tand  the  same  is 
hereby  set  apart  as  a  reservation  for  the  use  of  the 
Metlakahtla  Indians,  and  those  people  known  as  Met- 
lakahtlans,  who  have  recently  emigrated  from  British 
Columbia  to  Alaska,  and  such  other  Alaskan  natives 
as  may  join  them,  to  be  held  and  used  by  them  In  com- 
mon, under  such  rules  and  regulations,  and  subject 
to  such  restrictions  as  may  be  prescribed  from  time  to 
time  by  the  Secretary  of  the  Interior." 


Cf' 


i 


234 


MINERAL   LAND    LAWS 


Within  the  past  four  years,  ledges  of  gold-hearing 
quartz  have  been  discovered  on  this  island,  which,  it 
is  said,  far  exceed  in  ricluu.'ss  those  of  the  Treadwell 
mine  on  Douglas  Island.  Numerous  mining  claims 
have  been  located  on  thes-'  >  ledges,  but  these  locations, 
having  been  made  subseqjciit  to  the  act  of  reservation, 
are  of  no  legal  effect,  and  the  miners  have  been  warned 
that  their  presence  on  the  island  constitutes  a  trespass. 

At  the  present  session  of  Congress,  a  bill  has  been 
introduced  in  the  House  having  for  its  purpose  the 
opening  to  'exploration,  location  and  purchase  that 
portion  of  the  island  containing  these  mineral  deposits. 
While  said  bill  may  not  become  a  law  during  this  ses- 
sion, it  would  seem  that  no  long  time  should  elapse 
before  our  national  legislators  should  become  convinced 
of  the  injustice  of  keeping  the  lock  of  reservation  upon 
these  golden  treasures  of  Nature  for  the  sole  purpose 
of  benefiting  a  tribe  of  aliens  having  no  claim  upon 
vhis  government. 

In  his  report  for  1897,  the  Secretary  of  the  Interior 
recommended'  that  citizenship  be  conferred  upon  these 
Indians,  while  it  would  ai^pear,  at  the  samp  time,  from 
the  maintenance  of  said  reservation,  that  the  govern- 
ment is  solicitous  of  keeping  them  from  the  baneful 
effects  of  close  associations  with  white  citizens. 


EXTRACT    FR05I    THE    REPORT    OP    THE    COM- 
MISSIONER   OF    EDUCATION    FOR   THE 
YEAR    1897. 


For  more  than  20  years  Alaska  and  the  adjacent  re- 
gions of  northwestern  British  Columbia  have  been  in- 
creasing the  world's  supply  of  gold.  The  ttrst  consider- 
able contribution  was  from  the  Cassiar  mines,  at  the 
head  of  Dease  River,  in  British  Columbia,  where  in  1874 
$1,000,000  of  gold  was  taken  out.  However,  after  that 
yea*",  their  product  gradually  decreased,  and  at  the 
present  time  they  are  practically  abandoned,  having 
added  about  $5,000,000  worth  of  gold  to  the  world's 
stock.  During  the  succeeding  years  gold  was  discov- 
ered in  paying  quantities  here  and  there  in  southeast 
Alaska,  and  the  tents  of  prospectors  began  to  make 
their  appearance  on  the  shores  of  the  islands  of  the 


OV  TIIR  UNITED  STATES. 


S8II 


Alexander  ArchipelaRo.  rjradually,  as  (ho  knowledge 
of    the    rejfioii    spread,    capitalists    Ix'canu'    interested, 

'th  the  result  that  at  several  points  whicli  had  been 
occupied  by  placer  miners,  stamping:  mills  and  chlorin- 
ation  works  were  established. 

I^arge  and  well  equipped  mines  exist  at  Silver  How 
basin,  near  Juneau,  and  at  Berners  Bay.  Considerable 
prospecting  and  placer  mining-  is  also  being  done  in 
southeast  Alaska.  According  to  the  report  of  the 
governor  of  Alaska,  $2,300,000  worth  of  gold  bullion 
was  taken  from  mines  within  the  Territory  of  Alaska 
during  the  year  ending  October  1,  1896. 

Since  1S85  tliere  has  been  more  or  less  prospecting  In 
the  Upper  Yukon  region,  both  on  the  American  and 
British  sides  of  the  international  boundary  line,  the 
tributaries  Forty  Mile  Creek  and  Sixty  Mile  Creek  be- 
ing the  centers  of  operations.  Twenty-three  miles 
above  its  mouth  Forty  Mile  Creek  crosses  the  one  hun- 
dred and  forty-first  meridian  and  enters  British  terri- 
tory. At  its  mouth  a  town  was  built,  which  for  several 
years  was  the  base  of  supplies  for  that  region.  Two 
or  three  years  ago  gold  was  discovered  on  Birch  Creek, 
which  is  wholly  in  American  territory,  and  empties 
into  the  Yukon  near  where  the  great  river  crosses  the 
Arctic  Circle.  Circle  City  was  the  result  of  the  stam- 
pede which  followed  this  new  discovery.  It  is  esti- 
mated that  the  Birch  Creek  district  produced  last  year 
nearly  a  million  dollars'  worth  of  gold. 

According  to  the  statements  of  returning  miners,  the 
first  of  the  discoveries  in  the  Klondike  region  of  British 
Columbia  was  made  last  summer  by  a  miner  named 
George  MeCormick  while  waiting  near  the  mouth  of 
Bonanza  Creek,  a  tributary  .T  the  Klondike,  for  the 
salmon  to  run.  The  first  claim  was  staked  out  on 
Bonanza  Creek  on  August  17,  1896.  Up  to  the  date  of 
the  departure  of  the  first  steamer  down  the  river,  June 
19,  it  Is  reported  that  800  claims  had  been  located;  that 
where  there  had  been  a  little  native  village  of  not 
more  than  100,  Dawson  City,  with  a  population  of  more 
than  2,000,  had  sprung  up  with  all  the  characteristics 
of  a  new  mining  camp,  the  population  being  composed 
principally  of  miners  from  the  neighboring  districts. 
The  returning  steamer  carried  about  $500,000  of  bullion. 

The  Klondike  Is  described  as  a  river  several  hundred 
miles  In  length,  dlfflcult  to  navigate  by  reason  of  its 


■IS' 


r. 


n 


'I'   HI 


tfiiii 


I  ^m 


236 


MINERAL    LAND   LAWS 


iii  t 


swift  ciinont.  The  mines  are  on  its  tributaries,  Bon- 
anza, El  Dorado,  Hunker  and  Bear  creeks.  These 
rivers,  which  during  the  spring  and  early  summer  ar^ 
torrents  fed  by  the  melting  snow,  dwindle  during  the 
intense  heat  of  summer  into  inconsiderable  streams, 
whici:  the  intense  cold  of  winter  freezes  up.  The 
claims  are  in  the  bed  of  the  stream,  and  are  best 
worked  in  winter.  Each  claim  is  500  feet  in  the  direc- 
tion of  the  river  from  bank  to  bank,  provided  it  does 
not  exceed  666  feet.  The  cost  of  recording  a  claim  is 
stated  to  be  $15  and  the  yearly  rental  $100.  It  is  report- 
ed that  the  Canadian  authorities  have  now  restricted 
the  length  of  a  claim  to  100  feet.  (See  p.  341  et  seq.) 
The  method  of  winter  mining  is  laborious.  The  surface 
soil  being  frozen,  fires  are  built  which  gradually  thaw 
the  sand  and  gravel  beneath  them.  The  surface  de- 
posit thus  softened  is  shoveled  out;  this  process  is 
continued  until  a  shaft  has  been  sunk  into  the  gold- 
bearing  layer.  Firey  are  then  built  against  the  sides 
of  the  shaft  and  tunneling  carried  on  under  the  frozen 
gravel.  The  pay  dirt  is  piled  up,  to  be  washed  out 
in  spring  when  the  water  begins  to  run. 

In  the  Yukon  mining  regions  of  British  Columbia 
the  Canadian  Government  has,  for  the  past  two  years, 
maintained  a  mounted  police  force,  consisting  of  20 
men,  the  captain  of  which  is  invested  with  the  powers 
of  a  magistrate.  Recently  it  hi.  3  been  decided  to  send 
85  additional  men  to  the  Klondike  region.  A  gold  com- 
missioner has  been  appointed,  and  it  is  stated  that  a 
steam  launch  will  ply  on  that  part  of  the  Yukon  as  a 
police  boat.  On  the  American  side  of  the  boundary 
line  the  miners'  meeting  has  held  full  control  and  juris- 
diction, but  the  recently  appointed  United  States  com- 
missioner, with  Circle  City  as  headquarters,  will  pro- 
vide a  more  formal  mode  of  government. 

In  order  to  reach  the  new  gold  regioTi,  the  prospective 
gold  miner  has  the  choice  of  two  distinct  routes;  one 
of  these  leads  to  the  mouth,  the  other  to  the  head- 
waters of  the  Yukon.  From  San  Francisco  or  Seattle 
to  St.  Michael,  the  nearest  harbor  to  the  mouth  of  the 
Yukon  is  a  voyage  of  about  fourteen  days.  At  St. 
Michael  passengers  and  freight  are  transferred  to  small 
stern-wheel  steamers,  as  even  at  high  tide  there  is 
scarcely  2  fathoms  of  water  in  the  Yukon  Delta.  Above 
the  delta  the  river  is  much  deeper,  and  there  is  an 


OF  TllK  UMTKD  STATICS. 


2.{7 


uninterrupted  run  of  about  1,800  miles  to  Fort  Selkirk, 
at  the  junction  of  the  Pelly  and  Lewis  rivers.  This 
route  can  be  taken  only  in  the  summer  months,  as 
the  Yukon  is  frozen  from  the  latter  part  of  September 
until  June.  The  second  route  crosses  the  mountain 
range  of  southeast  Alaska.  Upon  leaving  tide  water, 
at  the  head  of  Lynn  Canal,  there  is  a  choice  of  threes 
passes— the  Chilkat,  White,  and  Chilkoot.  Of  these 
the  most  frequently  used  is  the  Chilkoot. 


;!•(* 


i: 


SPECIAL  AGENT   IVAN   PETROFF— ALASKA— ITS 

POPULATION.  INDUSTRIES  AND 

RESOURCES. 

The  people  of  the  United  States  will  not  be  quick  to 
take  to  the  idea  that  a  volume  of  water  in  an  Alaskan 
river  is  greater  than  that  discharged  by  the  mighty 
Mississippi;  but  it  is  entirely  within  the  boujids  of  hon- 
est statement  to  say  that  the  Yukon  river,  the  vast 
deltoid  mouth  of  which  opens  into  Norton  sound  of 
Bering  sea,  discharges  every  hour  one-third  more 
water  than  the  "Father  of  Waters."  There  is  room 
for  some  very  important  measurements  to  be  made  in 
this  connection,  which  I  hope  will  soon  be  made.  We 
know  the  number  of  cubic  feet  of  water  which  the 
Mississippi  rolls  by  New  Orleans  every  day,  but  we 
do  not  possess  authority  concerning  the  volumes  of  the 
flood  discharged  by  the  Yukon.  Entering  the  mouth, 
or  rather  any  one  of  the  mouths,  of  this  large  river, 
we  are  impressed  first  by  the  exceeding  shallowness 
of  the  sea  50  miles  out  from  it,  varying  in  depth  from 
2  to  3  fathoms;  and,  second,  by  the  mournful,  desolate 
appearance  of  the  country  itself,  which  is  scarcely 
above  the  level  of  the  tide,  and  which  is  covered  with 
a  monotonous  cloak  of  scrubby  willows  and  rank 
grasses.  The  banks,  wherever  they  are  lifted  above 
the  reddish  current,  are  continually  undermined  and 
washed  •away  by  the  flood,  and  so  sudden  and  precipi- 
tate are  these  land-slides  at  times  that  traders  and 
natives  have  barely  escaped  with  their  lives.  For  100 
miles  up  through  an  intricate  labyrinth  of  tides,  blind 
and  misleading  channels,  sloughs  and  swamps,  we 
pass  through  the  same  dreary,  desolate  region,  until 
the  higher  ground  is  first  reached  at  Kusllvak,   and 


'  I 


t 


p^ 


'2-JH 


MINEUAL   LAND    LAV'S 


!     I 


until  the  bluffs  at  Andreievsky  and  at  Chatinakh  give 
evidence  of  the  fact  that  all  the  land  in  Alaska  is  not 
under  water.  It  is  watered,  however,  here,  there,  and 
everywhere,  and  impresses  one  with  the  idea  of  a  vast 
inland  sea;  which  impression  holds  good  even  as  far  up 
the  river  as  700  or  800  miles,  where  there  are  many 
points,  even  far  in  the  interior,  at  wjiich  this  river 
spans  a  breadth  of  20  miles  from  shore  to  shore.  As 
we  advance  toward  its  source  we  are  not  surprised 
when  we  view  the  character  of  the  country  through 
which  it  rolls,  at  the  vast  quantity  of  water  in  its 
channel.  It  would  seem  as  though  the  land  itself 
drained  by  the  river  on  either  side  within  Alaska  were 
a  sponge,  into  which  all  rain  and  moisture  from  the 
heavens  and  melting  snow  are  absorbed,  never  find- 
ing their  release  by  evaporation,  but  conserved  to 
drain,  by  myriads  and  myriads  of  rivulets,  the  great 
watery  highway  of  the  Yukon.  I  noticed  a  striking 
evidence  of  the  peculiar  non-conductive  properties  of 
the  tundra  mosses,  or  swale,  last  summer  in  passing 
through  many  of  the  thousand-and-one  lakes  and 
lakelets  peculiar  to  that  region,  where  the  ice  had 
bound  up  the  moss  and  overhanging  water-growth  at 
the  edges  of  the  lakes.  In  the  breaking  up  and  thaw- 
ing out  of  summer  that  ice  failed  to  melt,,  and  the 
renewed  growth  of  the  season's  vegetation,  reaching 
out  in  turn  from  this  icy  border,  will  again  prevent 
thawing,  and  so  on  until  shallow  pools  and  flats  are 
changed  into  fixed  masses  of  ice  hidden  from  view. 


in- 


There  is  another  feature  in  this  country  which, 
though  insignificant  on  paper,  is  to  the  traveler  the 
most  terrible  and  poignant  infliction  he  can  be  called 
upon  to  bear  in  a  new  land.  I  refer  to  the  clouds  of 
bloodthirsty  mosquitoes,  accompanied  by  a  vindictive 
ally  in  the  shape  of  a  small  poisonous  black  fly,  under 
the  stress  of  whose  persecution  the  strongest  jnan  with 
the  flrmest  will  must  either  feel  depression  or  succuml) 
to  low  fever.  They  hold  their  carnival  of  human  tor- 
ment from  the  first  growing  of  spring  vegetation  in 
May  until  it  is  withered  by  frosts  late  in  September. 
Breeding  here,  as  they  do,  in  the  vast  network  of 
slough  and  swamp,  they  are  able  to  rally  around  and 


1^ 


OF  THE  UMTKD  STATKS. 


•j:5J) 


to  infest  the  wake  and  the  progress  of  the  explorer 
beyond  all  adequate  description,  and  language  is  sim- 
ply unable  to  portray  the  misery  and  annoyance  ac- 
companying their  presence.  It  will  naturally  be  asked 
how  do  the  natives  bear  this?  They,  too,  are  annoyed 
and  suffer,  but  it  should  be  borne  in  mind  that  their 
bodies  are  anointed  with  rancid  oil;  and  certain  am- 
moniacal  vapors,  peculiar  to  their  garments  from  con- 
stant wear,  have  repellant  power  which  even  the  mos- 
quitoes, bloodthirsty  and  cruel  as  they  are,  are  hardly 
equal  to  meet.  When  traveling,  the  natives  are,  how- 
ever, glad  enough  to  seize  upon  any  piece  of  mosquito- 
net,  no  matter  how  small,  and  usually  they  have  to 
wrap  cloths  or  skins  about  their  heads  and  wear  mit- 
tens in  midsummer.  The  traveler  who  exposes  his  bare 
eyes  or  face  here  loses  his  natural  appearance;  his 
eyelids  swell  up  and  close,  and  his  face  becomes  one 
mass  of  lumps  and  fiery  pimples.  Mosquitoes  torture 
the  Indian  dogs  to  death,  especially  if  one  of  these 
animals,  by  mange  or  otherwise,  loses  an  inconsider- 
able portion  of  its  thick  hairy  covering,  and  even  drive 
the  bear  and  the  deer  into  the  water. 


ill 


'II 


I 


RESOURCES. 

Glancing  at  the  map  the  observer  will  notice  that 
hydrographers  have  defined  the  passage  of  a  warm 
current,  sufficient  in  volume  and  high  enough  in  tem- 
perature to  traverse  the  vast  expanse  of  the  North 
Pacific  from  the  coast  of  Japan  up  and  across  a  little 
to  the  southward  of  the  Aleutian  islands,  and  then  de- 
flecting down  to  the  mouth  of  the  Columbia  river, 
where  it  turns,  one  branch  going  north  up  along  the 
coast  of  British  Columbia  by  Sitka,  and  thence  again 
to  the  westward  until  it  turns  and  bends  back  upon 
itself.  The  other  grand  arm,  continuing  from  the  first 
point  of  bifurcation,  in  its  quiet,  steady  flow  to  the 
Arctic,  passes  up  to  the  northeastward  through  the 
Strait  of  Bering  (the  existence  of  this  northern  branch 
of  the  warm  .Tapanese  current  has  been  denied  by  Mr. 
William  IT.  Dall,  of  the  United  States  coast  and  geo- 
detic survey).  This  warm  current,  stored  with  tropical 
heat,  gives  rise  natupally,  as  it  comes  in  contact  with 


if' 


J' 


'f 


r 

is  I 


L    I- 


w 


240 


MINERAL   LAND    LAWS 


I' 


the  colder  water  and  air  of  the  north,  to  excessive 
humidity,  which  talces  form  in  the  prevalent  fog,  sleet 
and  rain  of  Alaska,  as  noted  and  recorded  with  so 
much  surprise  by  travelers  and  temporary  residents 
from  other  climes. 

Therefore  at  Sitka,  and,  indeed,  on  the  entire  sea- 
board of  South  Alaska  and  the  Aleutian  islands,  in- 
stead of  flnding  a  degree  of  excessive  cold  carried  over 
to  the  mainland  across  the  coast  range,  which  the 
latitude  would  seem  to  indicate,  we  find  a  climate  much 
more  mild  than  rigorous;  but  the  prevalence  of  fog 
clouds  or  banks,  either  hanging  surcharged  with  moist- 
ure or  dissolving  into  consecutive  weeks  of  rain,  so 
retard  and  arrest  a  proper  ripening  of  fruits  and  vege- 
tables in  that  climate  that  the  reasonable  certainty  of 
success  in  a  garden  from  year  to  year  is  destroyed. 


MINERALS. 

Coal  is  found  chiefly  or  wholly  of  a  lignite  compo- 
sition, at  a  great  many  points  throughout  the  south- 
ern and  western  coasts  of  Alaska  and  the  islands  there- 
of; and  during  the  past  season  a  vein  was  opened 
in  the  Arctic,  above  cape  Lisburne,  by  Captain  Hooper, 
of  the  revenue  marine,  who  says  that  he  mined  it 
easily  and  used  it  with  great  satisfaction  in  making 
steam  for  his  vessel.  The  oldest  coal  mine  in  the 
country  is  that  on  Cook's  inlet^  near  its  mouth,  at  a 
place  still  called  on  the  map  Coal  harbor.  The  Rus- 
sians also  took  notice  of  coal  at  Ounga  [Unga],  on  the 
Shumagin  islands,  and  several  openings  were  made 
by  them  of  veins  here  and  there  in  the  Alexander  arch- 
ipelago. Following  the  Russians,  our  people  discovered 
and  attempted*  to  work  one  or  two  in  Sitkan  archipela- 
go, and  several  to  the  westward.  The  quality  of  all 
this  coal  located  and  worked  for  a  brief  experimental 
period  was  of  so  poor  a  grade  that  in  no  case  has  it 
been  pronounced  fit  for  use  on  steam-going  vessels, 
being  so  highly  charged  with  sulphur  and  other  dele- 
terious combinations.  The  value,  however,  of  Cap- 
tain Hooper's  vein  in  the  Arctic  to  the  opening  enter- 
prise of  steam  whaling,  and  for  the  use  of  the  revenue 
marine  itself,  must  be  of  very  striking  moment.    These 


lii 


m 


OF  THE  UNITED  STATES. 


241 


*:i' 


le 

Be 


experiments  with  Alaskan  coal  have  been  exceedingly 
thorough  and  patiently  wroughi  out  at  Ounga  lUnga], 
where  the  most  laudable,  persistent  and  even  desperate 
determination  has  been  manifested  by  the  owners  of 
certain  ledges  thereon  to  develop  their  holdings  into 
mines  of  wealth.  The  steamers  in  the  territory  bring 
their  own  coal  with  thein,  or  have  it  sent  up  by  tender 
from  British  Columbia  sound  or  California.  The  trad- 
ers at  the  different  posts  where  timber  is  scarce  or 
entirely  •  wanting  use  it  now  as  their  principal  fuel, 
and  it  is  the  sole  fuel  on  the  seal  islands. 

In  regard  to  the  reputed  findings  of  large-paying 
gold  mines  and  other  precious  minerals  I  can  only  say 
that,  as  far  as  is  known,  there  is  nothing  of  the  kind 
in  western  Alaska;  at  least,  ther^^  is  nothing  located 
and  worked  as  such,  though  the  prospecting  or  search- 
ing is  as  active  as  it  has  been  since  the  transfer.  The 
surface  of  the  country  in  southern  Alaska  V)eing  so 
mountainous  and  concealed  by  the  timber-cloak  every- 
where covering  it,  it  is  of  course  a  slow  and  exceeding- 
ly difficult  undertaking  to  penetrate  any  distance  back, 
up,  and  among  the  mountain  valleys  in  search  of  min- 
eral. The  color  of  gold  can  be  washed  out  of  the  sands 
of  every  little  stream  emptying  into  the  ocean  on  the 
northwest  coast,  and  in  many  places  it  can  be  found  by 
searching  in  the  surf-beaten  beaches  of  the  sea-coast 
itself.  But  the  question  immediately  arises  with  the 
miner,  "Will  it  pay?"  and  by  that  he  means,  "Will  it 
yield  me  from  $4  to  $10  a  day  if  I  work  it?"  Less  return 
for  his  labor  does  not  satisfy  him,  nor  will  it  bring 
others  to  the  places. 

The  gold-bearing  belt  of  the  Rocky  MQuntain  divide, 
so  familiar  to  us  as  it  crops  out  all  through  our  states 
and  territories,  reaches  undoubtedly  to  the  Arctic  sea 
itself.  But  it  must  be  borne  in  mind  that  with  every 
degree  of  northern  latitude  as  we  ascend  we  cut  off 
working-days,  as  the  icy  grasp  of  frost  checks  the 
flow  of  water  and  shuts  down  the  mills,  so  that  when 
this  gold-bearing  belt  crosses  into  our  Alaskan  bound- 
ary far  back,  and  concealed  from  the  sea  by  the  tower- 
ing summits  of  the  coast  range,  we  find  it  practically 
barred  out  from  our  miners  unless  they  shall  find  the 
free  gold  and  a  rich  quartz  in  unwonted  abundance. 

Since  IJ'SO,  however,  inuch  surface-gold  has  been 
found   in   the  mountains   on   Gastineaux   channel,   be- 

19 


m 


'  1  ■', 


\      !' 


242 


MINEiltAL    LAND    LAWS 


tween  Douglas  island  and  the  mainland,  chiefly  from 
the  decomposed  croppings  of  ledges.  These  discoveries 
have  attracted  several  thousand  miners  and  their  fol- 
lowers, and  a  thriving  town,  now  named  Juneau  City, 
has  sprung  up,  claiming  very  bright  prospects,  in 
spite  of  the  long  interval  of  enforced  idleness  between 
December  and  April.  The  never-satisfied  prospector 
has  already  left  these  diggings  behi  id  and  pushed  on 
from  the  head  of  Lynn  canal  across  the  divide  sepa- 
rating the  headwaters  of  the  Yukon  from  the  north 
Pacific;  but  whatever  discoveries  have  been  made 
there,  are  located  in  British  Columbia,  and  conse- 
quently without  the  pale  of  this  report. 

The  Cassiar  diggings,  which  have  during  the  last 
five  or  six  years  given  quite  an  impetus  to  Alaskan 
travel  by  Fort  Wrangell  and  Sitka,  are  situated  in  the 
territory  or  dominion  of  British  Columbia,  far  up  the 
Stakhln  [Stikine]  river,  and  away  from  our  limits. 

In  Norton  sound,  within  the  deep  land-locked  shoals 
of  Golovnin  bay,  there  are  reputed  to  be  leads  of  sil- 
ver ore  and  graphite.  Cinnabar  has  also  been  discov- 
ered on  the  Kuskokvim,  and  assays  made  of  the  ore  in 
San  Francisco  indicate  a  very  valuable  discovery  there. 
Other  than  these  minute  circumstances,  we  have  no 
better  evidence  of  the  mineral  wealth  of  Alaska  to 
offer  at  this  writing,  unless  we  refer  to  the  old  legend 
and  partial  corroboration  of  it  in  regard  to  the  pres- 
ence of  an  extensive  deposit  of  copper  in  situ  on  the 
banks  of  the  Atnah  or  Copper  river.  There  is  also  a 
mine  opened,  but  just  at  present  not  worked,  on  Prince 
of  Wales  island.  This  little  mine,  however,  we  might 
say  is  owned  by  British  Columbians,  who  say  that  they 
are  barred  out  from  their  legitimate  home  market  on 
account  of  the  Dominion  tariff;   hence  they  are  idle. 


EXTRACT  FROM  REPORT  OF  GOVERNOR  OP 
ALASKA  FOR  1890. 


A  large  part  of  the  attention  given  to  mining  during 
the  year  was  in  the  practical  development  of  claims  al- 
ready located  and  doing  assessment  work  to  keep 
claims  alive,  though  the  prospector  has  been  abroad 
as  usual,  and  a  large  number  of  locations  haye  beei> 


OF  THE  UNITED  STATES. 


243 


made.  Six  patents  have  been  received  at  the  land 
office,  with  cash  payments  to  the  amount  of  $1,802.50, 
making  the  total  number  of  patents  actually  received 
to  this  time  fourteen.  Ten  new  applications  have  been 
made  for  patents. 

Considerable  activity  has  been  manifested,  but  no 
excitement,  in  connection  with  the  various  mining 
interests.  Placer-mining  is  carried  on  in  at  least  eight 
districts,  viz.:  Silver  Bow  basin,  near  Juneau;  Sum 
Dum  and  Shuck,  some  distance  south;  Latuya  Bay, 
on  the  coast  north  of  Cross  Sound;  Yakutat,  Kenai 
Peninsula,  the  Fish  River  District,  on  Norton  Sound, 
and  the  Yukon  District,  including  the  rivers  flowing 
into  the  Yukon.  About  50  miners  passed  over  the  di- 
vide from  Chilcat  in  the  early  spring  to  take  the  places 
of  those  who  returned  in  the  fall  from  the  Yukon  Dis- 
trict, where  it  is  thought  there  are  at  least  275  men 
engaged  in  the  placer-mining  of  the  region,  most  of 
whom  remained  there  during  the  winter.  The  results 
of  their  work  are  not  definitely  known,  and  reports  are 
somewhat  conflicting.  One  report  says  that  120  men, 
wintering  on  F -ty  Mile  Creek,  cleaned  up  from  $2,000 
to  $3,000  each;  another  says  30  men  wintered  on  Stew- 
art River  and  all  did  well.  At  Latuya  Bay  and  Kenai 
it  is  thought  that  the  mines  have  afforded  rich  yields. 
Great  expectations  were  announced  as  to  the  Shuck 
and  Sum  Dum  regions,  since  which  time  very  little  has 
been  said  about  them,  from  which  it  may  be  inferred 
perhaps  that  the  expectations  have  been  moderately 
realized.  The  Silver  Bow  Basin  placers  which  have 
been  worked  have  yielded  satisfactory  returns.  A 
consolidation  of  a  large  number  of  claims  in  the  Silver 
Bow  Basin  Mining  Company,  F.  H.  Nowell,  manager, 
has  reduced  the  number  of  separate  concerns,  but  has 
not  diminished  the  amount  of  work  done.  This  com- 
pany is  digging  a  tunnel  under  the  mountain  to  tap 
the  pocket  of  the  basin  from  below,  and  the  work  has 
been  pushed  vigorously  and  systematically.  Relays  of 
workmen  keep  the  rock  moving  night  and  day,  sum- 
mer and  winter.  It  is  thovight  the  tunnel  will  be  through 
to  its  flrs't  opening  by  December  next.  This  onterprise 
is  considered  an  assured  success.  Tho  character  of  the 
deposit  is  known,  and  the  improved  method  of  securing 
the  gold  will  facilitate  the  work  and  enhance  the 
profits. 


IS 


I ' 


ii' 


'    K  ■     ■ 


^»»i 


2U 


MIMOItAL    LAND    LAWS 


\>\ 


Quart z  lodes  are  worked  in  ten  or  more  districts, 
some  of  wiiicli  are  large  and  contain  many  distinct 
claims.  The  ten  districts  referred  to  are  as  follows, 
to- wit:  Sheep  Creek  region,  which  avTords  ore  contain- 
ing silver,  gold  and  other  metals;  Salmon  Creek,  near 
Juneau,  silver  and  gold;  Silver  Bow  Basin,  mainly- 
gold;  l)ou4?ias  Island,  mainly  gold;  Funter  Bay,  on 
Admiralty  Lsiand,  mainly  gold;  the  Silver  Bay  mining 
district  near  Sitka,  gold  and  silver;  Berner's  Buy,  in 
Lynn  Canal,  niain.lj'  gold;  Fish  River,  mining  district 
on  Norton  Sound;  Unga  district  and  Lemon  Creek. 
Many  of  the  ores  containing  silver  and  other  metals, 
notably  the  oheep  Creek,  Salmon  Creek  and  Lemon 
Creek  ores,  are  sent  to  smelters  long  distances  away 
fo!'  reduction,  the  necessary  conveniences  not  being 
found  near  at  hrnd.  Some  of  the  ores  are  simply 
piled  up  waiting  for  future  opportunities,  or  the  erec- 
tion of  mills.  The  number  of  mills  for  crushing  the 
ore  and  obtaining  the  free  gold,  within  the  territory, 
Is,  I  believe,  thirteen,  only  one  or  two  of  whigh  have 
chlorhiation  works  to  reduce  the  sulphurets.  The 
mills  may  be  enumerated  as  follows: 

The  Treadwell  mill  is  said  to  be  the  largest  stamp 
mill  in  tbp>  world.  It  has  240  stamps,  96  concentrators, 
12  ore  crushers,  a  500-horse-power  water  wheel,  and  all 
the  conveniences  for  reducing  the  ore  with  the  least 
expense.  The  ore  is  low  grade,  yielding  from  $6  to  $12 
per  ton,  but  it  is  convenient  to  tide-water,  and  the 
expenses  have  been  reduced  to  a  minimum.  The  capi- 
tal stock  of  the  company  is  divided  into  100,000  shares. 
The  first  dividend  was  paid  in  Au^just,  1885,  and  was 
25   cents  per   share. 

It  is  not  supposed  that  these  dividends  represent  the 
ir.oaGure  of  profits,  for  much  of  the  earlier  earnings 
was  put  back  into  the  business  in  adding  to  thy  facili- 
ties. About  $15,000  were  expended  in  development  work 
upon  the  mines  of  Sheep  Creek  during  1889,  and  consid- 
erable ore  was  taken  out  and  transported  to  San  Fran- 
cisco for  reduction.  Sixty  tons  of  ore  from  the  Silver 
Creek  mine  gave  an  average  return  of  $200  per  ton.  The 
smelting  returns  show  th.^.t  the  lowest  grade  of  ore 
shipped,  wiiich  came  directly  from  the  surface  work 
ings,  ran  (JO  ounces  of  silver  and  $4  in  gold  to  the  ton, 
while  the  first-class  ore  gave  returns  of  341  ounce:-;  of 
silver  and  $22  of  gold.    In  niany  of  the  mines  the  work 


ihi  ;! 


OF  THE  UNITED  STATES. 


245 


of  tho  last  year  was  mainly  preparatory  to  future 
operations,  eonsistinK  of  exea\  atioiis.  tunneling.  load 
buiMing.   etc. 

Southeastern  ^^  (aska  was  divided  into  three  reeordinp; 
districts  by  ordi  r  of  the  United  States  district  court 
on  tho  (Jth  day  of  February,  ISSS,  The  recording  for 
the  Sittoa  recording  district  is  done  by  the  clerk  of  the 
court,  who  resides  at  Sitka.  The  recording  for  the 
Juneau  district  is  done  at  that  place  by  the  United 
States  commissioner  residing  there,  and  the  United 
States  commissioner  at  Fort  Wrangell  has  charge  of 
the  recording  in  the  Wrangell  district.  All  mining 
claims  are  filed  in  the  recording  district  where  located, 
but  patents  must  be  sent  to  the  land  office,  which  is  at 
Sitka. 

Of  the  other  minerals  than  gold  and  silver  all  dis- 
cussions must  l)e  based  upon  surface  observations,  ex- 
cept to  ?,  very  small  extent  in  regard  to  coal,  which  has 
been  taken  out  in  comparatively  small  quantities  at 
i^illisnoo,  in  Kachekmak  Bay  in  the  Kenai  Peninsula, 
at  Unga,  Port  MuUer,  Yakutat,  Murder  Cove  on  Ad- 
miralty Island,  ""nd  Cape  Lisburne.  And  these  places 
can  scarcely  be  said  to  have  been  worked.  They  have 
jnly  been  prospected.  The  coal  found  thus  far  is  gen- 
erally soft,  pitchy,  and  bituminous,  though  the  Kenai 
coal  is  reported  to  be  lignite.  The  Killisnoo  coal  is 
generally  of  the  character  mentioned,  but  one  claim 
that  has  been  worked  to  c.uite  a  depth  during  the  last 
year  by  Messrs.  Brady  iind  Whitford  is  thought  tj 
afford  a  coal  having  better  qualities  and  which  is 
especially  valuable  for  coking  purposes.  All  the  coals 
of  Alaska  are  free  burning  coals.  The  products  of  the 
Port  Muller  mines  are  said  to  be  better  suited  lor 
steaming  purposes,  being  harder  and  more  enduring 
than  most  of  the  coals  of  the  territory  and  quite  free 
from  sulphur.  Vessels  running  short  of  coal  frequently 
take  on  supplies  from  <^he  surface  outcropi)ings  at  Capo 
Lisburne,  at  Unga  and  at  Kenai,  though  the  coals  ob- 
tained at  these  places  are  not  first-class  steaming 
coals.  Indications  are  abundant  of  valuable  deposits 
in  other  places,  especially  on  Sullivan,  Kuiu.  and  Re 
villa-Gigedo  Islands  and  in  the  Yukon  Valley.  The 
main  .and  deposits  have  not  been  Investigated  at  all. 

Marble  deposit.^  are  frequent  on  Admiralty,  Prince  of 
Wales,    Long,    and    Baran  »fC    Islands,    and    have    been 


'  (    1 


J:'  1 


^PH" 


1 

i 

Ik  ^^ 

246 


MINERAL   LAND   LAWS 


observed  In  many  places  upon  the  main  land.  No  sur- 
veys hav»'  been  matle  and  no  cartful  observation.^ 
taken.  So  far  as  1  know.  Tlu'  Ualb'ck  stoue  "nas  l)een 
used  for  the  manufacture  of  lime,  i)rodueing  an  excel- 
lent ai'ticle,  and  small  specimens  of  the  deposit  near 
Killisnoo  have  bee'-  cut  and  found  to  receive  a  fine 
polish.  From  persoiial  observations  of  many  of  the 
locations  and  specimens,  I  am  satisfied  that  if  sound 
stone  can  be  obtained  from  anywhere  near  the  surface, 
profitable  business  will  eventually  grow  up  at  several 
points.  Whether  skilled  experts  can  judge  from  sur- 
face indications  as  to  the  soundness  of  the  rock  'oe- 
neath,  I  am  unable  to  say.  But  with  two  or  three 
ceptions  the  outcroppings  do  not  indicate  soundness 
to  the  uninitiated.  At  Shakan  there  is  a  magnificent 
exposure  of  white  and  dove-colored  marble  which 
appears  very  much  like  the  bared  surface  of  the  rock 
at  the  Vermont  quarries.  The  texture  of  the  stone  is 
all  that  could  be  desired.  The  location  is  very  fine, 
bc-ing  nenr  tide  water,  in  a  fine  harbor,  and  with  plenty 
of  water  power  near  by  for  cheap  manufacture.  A 
careful  survey  by  competent  judges  might  determine 
the  value  of  this  deposit  without  much  expense  in  de- 
velopment  work. 

A  hasty  examination  from  a  row-boat,  along  shore 
in  Taiya  Inlet,  disclosed  what  appeared  to  be  a  valu- 
able deposit  of  granite  in  a  position  to  be  very  ac- 
cessible and  easily  worked.  Granito  and  porphyry 
largely  compo>=  >  the  smooth,  worn  pebbles  and  small 
stones  of  tho  vjhilcat  River  for  25  miles  up  from  its 
mouth. 

On  several  occasions  at  places  quite  remote  from 
each  other,  I  have  found  specimens  of  jade,  among  the 
natives,  but  In  no  case  was  I  able  to  learn  from  them 
where  the  specimens  were  obtained.  Their  manner, 
when  inquiries  were  made,  gave  the  impression  that 
they  were  unwilling  to  give  information. 

Native  copper  and  copper  ores,  taken  from  the  region 
about  Copper  River,  are  on  exhibition,  though  but  little 
is  known  of  these  deposits.  The  natives  have  fre- 
quently brought  down  to  the  coast  pieces  of  pure  cop- 
per, knives  and  bullets  of  the  same,  since  long  before 
tho  American  occupation  of  the  country.  Harnite^  a 
sulphuret  of  copper,  seems  to  be  quite  abundant.  The 
Chyttyto  and  Chyityne  Rivers,  branches  of  the  Cop- 


OF  THE  rXITRD  StATKS. 


24? 


T"?!',  htavo  botli  furni.sh:'(l  line  spn-iiu'iis  ot*  native  cdp- 
per.  Lalo  last  lull  some  very  lich.  ^vny  copprr  ore 
was  found  about  50  milos  south  ot  Juneau.  This  ore 
also  contains  silver.  Flint  antl  pyrites  are  eonsitlered 
valuable  minerals  by  the  natives,  who  us-^-  them  instead 
of  matches  for  kindling  lires. 


EXTRACT  FROM  REPORT  OP  GOVERNOR  FOR 

18!ll. 
While  it  was  not  the  mines  and  minerals  of  Alaska 
that  first  called  attention  to  the  remarkable  features 
and  characteristics  of  this  country,  the  discovery  of 
gold  has  had  great  influence  in  Hi?  progress  and  de- 
velopment. Our  mineral  resources  are  the  subject 
of  more  discussion  and  still  create  a  greater  fever  of 
excitement  than  any  other.  Furs  first  attracted  the 
emigrant,  and  the  fur  business  may  still  be  considered 
Its  leading  industry.  The  fishing  interests  come  second, 
and  raise  the  question  by  their  magnitude  and  import- 
ance whether  they  should  not  be  held  first  in  estima- 
tion. After  furs  and  fisheries  statistics  give  mining 
the  chief  place  in  Alaska's  industries,  and  the  confi- 
dent expectation  in  the  minds  of  many  people  that 
mining  interests  will  soon  lead  all  others  is  certainly 
supported  by  numerous  and  suggestive  indications  of 
great  wealth.  Many  dis'joveries  of  rich  ore  and  placer 
deposits  have  been  made  within  the  year,  and  loca- 
tions by  scores  have  been  recorded  in  the  local  record- 
ing districts.  Placer  mining  has  shown  no  abatement, 
and  in  1890  the  Yukon  placers  are  said  to  have  yielded 
a  third  more  gold  than  in  any  other  previous  year. 
Hydraulic  mining  on  a  more  extensive  scale  than  for- 
merly promises  better  results.  The  tunnel  of  the  Silver 
Bow  Basin  Mining  Company  at  Juneau  has  been  com- 
pleted and  the  washing  of  the  rich  deposit  has  been  in 
operation  for  some  months.  The  success  of  the  enter- 
prise is  apparent,  but  the  results  in  statistics  do  not 
belong  in  this  report.  At  Latuya  Bay  the  cleanup  for 
the  last  season  was  so  satisfactory  that  a  much  larger 
force  has  been  carrying  on  the  work  the  present  sea- 
son. The  managers  arc^  reticent  as  to  the  exact  re- 
sults. At  Shuck  are  three  principal  basins  filled  with 
deposits  of  gravel,   which   appears  to  Ije  rich   in   min- 


V;'v 


a 


•1 ;.'' 


i 


1k 

'- 1^ 

! 

li 


^8 


MINKRAL    LAND    LAWS 


^1:! 


eral.  ft  is  owned  by  thf  Shuck  Bay  Placfr  Mining 
Company.  The  lower  basin  lias  been  tapped  by  a  tun- 
nel 700  feet  In  length,  and  the  work  of  washing  haa 
begun.  No  cleanup  had  been  made  at  last  ail  vices. 
Work  has  also  bieen  commenced  upon  the  upper  basins. 
The  company  is  confident.  The  work  at  Sum  Dum 
has  been  carried  on  for  some  years  in  a  desultory  way 
with  a  degree  of  success  which  warrants  belief  in  the 
value  of  the  mines.  Tunnels  have  been  commenced 
at  Salmon  Creek,  near  Juneau,  and  at  Sheep  Creek  only 
a  little  further  away,  and  ore  of  excellent  quality  taken 
out.  A  mill  with  ten  stamps  has  been  built  at  the 
latter  place  within  the  year.  The  Archie  Campbell 
Mill  was  kept  in  operation  during  a  large  portion  of 
the  year.  The  Treadwell  Mill  and  Mining  Company 
have  continued  work  to  their  full  capacity,  with  results 
as  satisfactory  as  ever.  The  80-stamp  mill  of  the  de- 
funct Bear's  Nest  Company  has  been  divided  up  and 
removed  to  other  places,  where  it  will  be  of  service. 
The  Funter  Bay  Mine  on  Adrr.ralty  Island  has  con- 
tinued its  usual  activity.  Operations  at  Berner's  Bay 
have  been  somewhat  limited.  More  activity  has  been 
manifested  in  the  Silver  Bay  district,  near  Sitka,  sev- 
eral mines  neglected  for  some  time  having  been  worked 
again.  The  work  has,  however,  been  on  a  limited  scale, 
and  it  is  too  early  to  discuss  results. 

A  comparatively  new  mining  enterprise  is  the  Apollo 
Consolidated  Mining  Comi)any,  at  Unga.  On  the  1st 
of  May  last  their  tunnel  had  reached  the  extent  of  900 
feet,  a  5-stamp  mill  had  been  erected  and  used  suffici- 
ently to  test  the  ore.  The  mill  has  5  stamps,  4  amal- 
gamators, 1  grinding  pan,  1  improved  Frue  concentra- 
tor, a  50-horse-power  engine,  and  buildings  enough  to 
greatly  increase  its  working  capacity  by  more  ma- 
chinery. The  tunnel  work  thus  far  has  been  mainly 
preparatory  and  to  discover  the  value  of  the  mine. 
The  assayer  gives  the  highest  encouragement  and  the 
company  have  a  right  to  expect  a  return  of  their  in- 
vestment at  an  early  day.  Fifteen  mills  for  crushing 
ore  and  having  the  conveniences  for  securing  the*free 
gold  and  obtaining  the  sulphurets  in  a  compact  form 
for  shipment  represent  the  sum  of  this  form  of  equip- 
ment in  Alaska.  Several  mills  h«<\'e  also  amalgamators 
and  chlorination  works.  Fourte^^ti  mills  were  reported 
last  year,   two  have  been  since  erected,  and  one  (the 


OF  TIIK  UNITED  ST ATRS. 


^4d 


Hoar's  Nost)  dismantled.  Th(>  nuinhrr  of  s(airii>s  In 
tho  agKJ'^Mato  has  increased  from  r»2r)  to  .»10.  SevetiU 
of  the  small  mills  have  not  been  in  oinMatirn  during 
the    year. 

The  produetion  of  ^old  and  sil\  i-r  in  Alaska  him  been 
both  overestimated  and  underestimated.  Those  who 
assume  that  the  whole  output  is  shipped  to  the  mint 
direct  and  consequently  reported,  place  the  amount  at 
$800,000,  which,  certainly,  is  much  too  small  an  esti- 
mate. The  estimate  used  in  this  report,  $1,000,000,  is 
probably  less  than  the  amount  actually  produced.  Suc- 
cessful business  of  all  kinds  is  more  likely  to  seek 
concealment  than  publicity,  as  to  exact  results,  and  the 
opportunities  of  individual  placer  miners  and  small 
firms  to  quietly  pocket  their  earnings,  or  to  dispose 
of   them   without  ostentation,  are  ample. 

Of  other  minerals  coal  alone  has  been  mined,  and 
that  to  such  a  limited  extent  that  coal  mininf?  can 
scarcely  be  called  a  business  in  Alaska.  A  number  of 
deposits  have  received  attention.  At  Port  Muller,  in 
Herendeen  Bay,  the  Alaska  Commercial  Company  took 
out  500  tons  of  soft  coal  during-  the  summer,  and  it  was 
used  at  Unalaska,  Belkofsky,  Unga,  and  otlier  stations 
of  the  company.  An  inspection  of  it  in  the  warehouse 
revealed  a  fine-looking  article,  and  reports  indicate  a 
free-burning  lignite.  It  is  consumed  rather  too  quickly 
for  steaming  purpose.  This  mine  is  located  quite  near 
the  Bering  Sea  side  of  the  peninsula,  and  13  miles  from 
Portage  Bay,  to  which  it  is  proposed  to  build  a  rail- 
road and  deliver  the  coal  from  the  southern  port.  An 
old  mine  on  the  north  shore  of  Unga  Island  has  been 
worked  to  a  small  extent  to  supply  a  local  demand.  The 
quality  of  the  surface  croi)piiigs,  which  alone  have 
been  reached,  is  not  entirely  satisfactory.  A  more  ex- 
tensive venture  has  been  made  at  Ka^hemak  Bay,  on 
the  eastern  shore  of  Cook's  Inlet,  where  are  extensive 
coal  deposits  lying  conveniently  for  mining  operations. 
The  quality  of  this  coal  does  not  seem  materially  dif- 
ferent from  that  found  elsewhere  in  the  Territory. 
Some  3,200  acres  of  these  lands  have  been  claimed,  and 
the  claimants  are  maintaining  th.-ir  occupation  and 
making  a  show  of  work  upon  tiiem.  The  tetsts  of  the 
quality  are  said  to  prove  that  in  the  near  future, 
when  conditions  are  right  for  it.  an  extensive  business 
will  grow  uj,   here.     Several  otiior  dei)osits  of  coal  on 


ri 


) :  I 


11 


■■H 


rawi>i> 


*s**  »«i~»  -*.,>_»_..■ 


2.*50 


MINERAL   LAND   LAWS 


Cook's  Inlet  furnish  samples  of  similar  qniility  to  thoso 
in  Karhcmak  Bay.  Coal  deposits  at  Yakutat,  Kiliis- 
noo,  and  Ailmiralty  Lslaiid  have  bt«  n  prospected,  and 
Kood  samples  found,  but  no  steps  have  been  taken  for 
systematic  development.  Copper,  cinnabar,  iron,  mar- 
ble, and  granite  abound,  and  Jade  Mountain,  a  little 
northward  of  Kowak  River,  is  alleged  to  furnish  im- 
mense quantities  of  fine  nephrite,  but  no  survey  has 
been  made  with  a  view  to  determining  the  value  of 
minerals  in  the  Territory,  and  information  as  to  all  of 
them,  except  those  mined  or  quarried,  is  indefinite  and 
unreliable. 


EXTRACT  OF  REPORT  OF  GOVERNOR  FOR  1892. 


11 


Eight  mining  districts  have  organized  and  made  regu- 
lations under  the  authority  given  by  Section  2324,  Re- 
vised Statutes,  and  others  have  taken  some  of  the 
steps  toward  organization,  viz.:  The  Sitka  mining  dis- 
trict, which  includes  Silver  Bay  and  the  region  about 
Sitka;  the  Harris  mining  district,  including  the  mines 
in  the  vicinity  of  Juneau;  the  Cleveland  mining  dis- 
trict, in  the  Kenai  peninsula  and  about  Cook's  Inlet; 
the  Portage  Bay  mining  district,  including  a  section 
of  the  Alaska  peninsula  about  Portage  Bay,  Pavloff 
Harbor,  Herendeen  Bay,  and  Port  Muller;  the  Nyack 
mining  and  recording  district,  including  Kadiak 
Island;  the  Unga  mining  district,  including  the 
island  of  Unga;  the  Unalaska  mining  district,  includ- 
ing the  mining  claims  about  Unalaska;  the  Fish  River 
mining  district,  on  Norton  Sound.  There  are  also  the 
Bemers  Bay,  the  Shuck,  the  Funter  Bay,  and  perhaps 
others,  which  are  supposed  to  be  distinct  districts,  but 
I  have  been  unable  to  learn  definitely  about  their  or- 
ganization. They  record  their  claims  in  the  Juneau 
land-recording  district. 

Quartz  lodes  of  great  promise  have  lately  been  dis 
covered  on  Forty  Mile  Creek,   and   this   may  have  led 
to   the  location  of   claims   and   the   organization   of  a 
mining  and  recording  district  there,  but  si>ecific  advices 
have  not  been  received. 

There  hp.s  been  no  abatement  of  placer  mining.  In 
fact,  more  gold  was  taken  out  in  1891  than  during  any 
previous  year.  On  Gold  Creek  much  of  this  work  has 
been  done,  and  the  hydraulic  work  of  the  Nowcll  Gold 


'OP  THE  UNITED  STATES. 


251 


INIinlng'  Company  at  Silver  Bow  l^asin  has  boon  <\x- 
icMisivo.  1  shall  vvfvr  lo  this  !)iisiiH'Ss  luTcafltT.  'PhiTi- 
has  been  plaeer  mining  all^itny,'  liay.  and  some  $7.0(Mi 
taken  out  by  Messrs.  Wheeloek  and  Orton  and  others; 
at  Yakutat,  the  sand  from  the  beach  yielding^  a  fair 
profit  to  labor  expended;  at  Sum  Dum,  Shuck,  and 
other  places  in  southeastern  Alaska;  at  several  places 
in  Cook's  Inlet;  at  Forty  Mile  Creek,  which  is  a 
branch  of  the  Yukon,  some  1,800  miles  from  its  mouth. 
About  275  miners  were  in  there  during  the  last  year, 
and  it  is  known  that  they  had  the  best  season  ever  ex- 
perienced in  that  region.  Some  fifty  of  them  came 
out  last  fall  and  reported  a  rich  yield.  It  was  claimed 
that  they  cleaned  up  about  $2,000  each.  If  one-half  of 
that  amount  is  allowed  as  the  average  secured,  the 
total  aggregates  |275,000.  The  number  of  men  returning 
into  the  interior  this  season  was  greater  than  those 
coming  out  in  the  fall.  Letters  received  by  Mr.  Will- 
lam  C.  Greenfield,  who  was  through  there  last  year 
(now  at  Wood  Island),  dated  July  5,  1892,  state  that 
two  new  gulches  struck  last  fall,  and  one  discovered 
this  spring,  afford  the  richest  diggings  yet  found  in 
that  rich  gold  region.  The  placers  here  yield  from  5 
cents  to  $1  per  pan.  Rich  ore  has  also  been  discovered 
here,  and  facilities  for  reaching  the  place  with  ma- 
chinery and  supplies,  it  is  thought,  would  attract  capi- 
tal to  work  the  lodes.  The  new  steamer  put  upon  the 
Yukon  the  present  season  will  furnish  additional  facil- 
ities for  reaching  these  mines. 

The  Alaska  Treadwell  Gold  Mining  Company  has  its 
offices  in  San  Francisco,  but  its  mines  and  works  are  at 
Douglas  Island^.  During  the  whole  year  the  works 
were  kept  in  operation  night  and  day,  and  a  large  num- 
ber of  workmen  were  given  employment  at  good 
wages.  The  amount  of  ore  crushed  was  239.633  tons, 
yielding  $707,017.37  in  gold,  an  average  yield  of  $2.95 
per  ton.  The  cost  of  reduction  averaged  only  $1.50  per 
ton,  leaving  a  net  profit  of  $1.45  per  ton  of  ore  crushed. 

Dividends  wore  paid  during  the  year  amounting  to 
the  sum  of  $450,000.  The  total  operating  cost  of  min- 
ing, milling,  chlorination.  general  expenses,  freights, 
insurance,  and  new  machinery  for  the  year  was  $359.- 
280.33,  and  the  profits  for  the  year  amounted  to  the  sum 
of  $361,980.16. 

The  Nowell  Gold   Mining  Company,   Thomas  S.    No- 


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well,  prosidont,  has  its  home  ofTiro  hi  Boston.  The 
Ahiska  oflice  is  in  Juneau,  and  I'-redericlt  I).  Nowell  is 
a^ent.  Their  mines  are  at  Silver  How  Basiji.  only 
ai)out  T)  miles  frpm  Juneau,  and  are  l)Oth  lode  and 
placer.  The  quartz-lode  hiasiness  is  in  its  initial  start's. 
The  company  is  now  erecting  a  20-stamp  mill,  which 
will  be  in  operation  in  a  few  months.  The  placer  busi- 
ness which  should,  perhaps,  be  called  hydraulic  min- 
ing, is  in  full  operation.  There  are  two  mines,  both 
in  the  basin,  and  the  work  is  carried  on  night  and  day. 
These  mines  embrace  quite  a  numljer  of  the  original 
claims  wliich  the  present  owners  purchased,  A  tunnel 
was  excavated  under  the  mountain  which  obstructs 
the  entrance  to  the  basin;  water  was  brought  from 
the  high  hills  near  in  huge  pipes,  and  "giants"  were 
attaclied,  which  throw  water  with  such  force  that  it 
carries  away  the  whole  detachable  surface,  including 
sometimes  quite  large  rocks,  and  washes  the  dirt,  in 
a  condition  of  a  thin  mud,  through  the  long  tunnel,  in 
a  flume  on  the  bottom  of  which  is  strewn  quicksilver 
to  retain  the  fine  gold,  which  settles  to  the  bottom  as 
the  stream  constantly  flows  on,  until  at  certain  periods 
the  streams  are  stopped  to  allow  a  clean-up.  The  tun- 
nels were  completed  in  the  spring  of  1891,  and  since 
then  the  work  of  washing  has  been  in  operation.  The 
company  gives  employment  to  20  white  men  and  22 
Indians.  The  former  receive  $2.50  per  day  and  their 
board.  Indian  laborers  receive  $2.50  and  board  them- 
selves. The  hydraulic  properties  now  being  operated 
by  the  company  were  formerly  owned  by  the  Silver 
Bow  Basin  Company,  and  the  quartz-lode  claims  by 
the  Nowell  Gold  Mining  Company,  but  the  stockhold- 
ers were  identical  and  the  management  of  the  two  com- 
panies has  been  consolidated  under  the  style  of  the 
Nowell  Gold  Mining  Company;  capital,  $2,000,000. 

It  is  apparent  that  the  surface  gold  in  this  rich 
basin  was  originally  in  the  rocks  and  that  disintegra- 
tion took  place  by  the  action  of  the  atmosphere  and 
heat  and  cold,  and  perhaps  glacial  friction,  and  the 
precious  minerals  were  freed  from  their  matrices. 
When  this  surface  is  removed  by  the  hydraulic 
process,  why  not  expect  the  best  results  in  quartz  min- 
ing? Several  enterprises  have  started  on  this  theory 
and  have  the  best  prospects  of  success. 

The  facilities  for  perforn>ing  the  work  of  the  Apollo 


OP  THE  UNITEn  STATES. 


253 


Consolidated  Mining  Co.  have  been  considerably  In- 
creased during  the  year.  There  have  been  added  .1 
stamps,  1  concentrator,  1  air-compressor,  reservoir  for 
water,  with  26-lnch  iron  pipe  1  mile  in  length  from  It 
to  the  mills,  additional  facilities  for  rock-cutting,  and 
Improvements  In  tramways.  The  ore  is  now  carried 
from  the  upper  level  of  the  mine  on  a  gravity  tram- 
way 1,685  feet  to  within  700  feet  of  the  mill,  from 
which  point  the  cars  are  pushed  by  hand  power.  The 
mill  has  now  10  stamps,  2  concentrators,  2  grinding 
pans,  4  amalgamating  pans,  and  2  settlers,  and  re- 
duces about  30  tons  of  rock  per  day.  The  general  qual- 
ity of  the  ore  is  fully  maintained,  and  the  quantity  to 
justify  a  large  mill  is  assured.  Assays  of  the  ore 
vary  from  $2.50  to  $25.  Milling  tests  prove  that  the  qual- 
ity is  such  that  it  can  be  worked  profitably.  The  ex- 
pense of  mining  and  milling  with  the  10-stamp  mill  is 
at  present  about  $4,  which  will  be  much  reduced  with 
a  larger  mill  and  improved  facilities.  When  the  lower 
tunnel  is  completed  and  less  hard-rock  work  is  re- 
quired and  experience  has  taught  its  lessons  of  eco- 
nomical working,  it  may  be  they  will  approximate  the 
cheap  processes  of  the  Alaska  Treadwell  Gold  Min- 
ing Company.  This  mine,  like  the  other,  is  near  tide- 
water, has  the  same  advantages  of  moderate  climatic 
conditions,  and  has  ore  which  is  easily  mined.  The 
concentrations  contain  both  gold  and  silver,  but  largely 
gold. 

The  same  geological  and  mineralogical  formation  ex- 
tends across  the  island,  some  8  or  9  miles.  The  width 
of  the  formation  at  the  working  point  is  about  1,000 
feet,  with  syenite  on  the  west  and  porphyry  and 
porphyrltic  conglomerate  on  the  east. 

The  Shumagin  Mining  Company  at  Squaw  Harbor, 
on  the  same  island,  where  there  are  18  mining  claims, 
has  been  doing  no  development  work  during  the  year, 
and  their  mill,  5  stamps,  has  been  idle.  The  deposit 
has  three  parallel  veins;  the  first,  57  feet,  is  low-grade 
ore;  the  second,  9  feet,  would  pay  if  worked  econom- 
ically; the  third,  V/a  feet,  still  richer.  Some  300  tons 
of  ore  have  been  milled,  realizing  aljout  $3. .TO  per  ton. 
The  harbor  h^.  fine,  there  is  plenty  of  water  for  power, 
and  the  property  is  well  situated  for  cheap  working. 

No  development  work  has  been  done  on  any  of  the 
other  mining  claims  in  the  Unga  district. 


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In  the  Unalaska  mining  district  no  work  has  ever 
been  done  except  that  of  prospecting.  For  tliis  pur- 
pose a  tunnel  of  600  feet  was  excavated,  but  previously 
to  the  last  year. 

No  report  has  been  received  of  work  done  in  the 
Fish  River  mining  district,  though  parties  have  been 
there  investigating.  Considerable  preliminary  work 
has  been  done  there  formerly. 

More  activity  has  been  displayed  in  the  Portage  Bay 
district.  Eight  quartz-lode  claims  have  been  tiled  in 
the  local  recorder's  office.  Only  about  100  feet  of  tun- 
neling has  been  cut,  by  way  of  prospecting  and  doing 
assessment  work,  on  these  claims.  The  ores  found  dis- 
close the  presence  of  both  gold  and  silver.  In  this  dis- 
trict is  also  situated  the  Herendeen  Bay  coal  mine, 
the  principal  owners  of  which  are  members  of  the 
Alaska  Commercial  Company,  of  San  Francisco. 

A  survey  and  careful  inspection  of  the  mine  and  the 
country  about  it  has  been  made  the  present  season  by 
an  expert,  Mr.  A.  Barion,  of  San  Francisco.  He  re- 
ports the  deposit  to  be  a  first-class  bituminous  coal, 
resembling  the  English  Cherry  coal,  of  a  quality  su- 
perior to  most  of  the  coals  found  on  the  Pacific  Coast 
—that  at  Conception,  Chile,  alone  comparing  with  it. 

About  $50,000  has  been  already  expended  in  the  de- 
velopment of  the  business,  a  considerable  portion  of 
which  necessarily  belongs  in  the  prospecting  account. 
Buildings  have  been  erected.  Including  three  black- 
smith shops,  a  large  boarding  house,  a  storehouse,  and 
a  cabin,  and  a  tramway  extends  from  the  beach  to 
tunnel  No.  2.  The  company  has  two  lighters  kept  here, 
and  the  transportation  steamers  employed  in  their 
other  business  stop  here  on  occasions.  Seventy-nine 
feet  of  the  tunnel  is  in  the  finest  kind  of  coal.  There 
are  two  veins  parallel  to  each  other,  one  8  feet  and  the 
other  7  feet.  There  is  much  coal  in  sight  which  can 
be  worked  profitably.  But  the  investigations  prove 
that  this  particular  section  is  broken,  having  been  dis- 
turbed since  .the  formation,  and  some  of  the  satisfac- 
tion of  working  the  mine  will  be  wanting  unless  the 
key  to  the  situation  can  be  found  so  as  to  prevent 
the  frequent  losing  of  the  leads  and  the  expense  and 
annoyance  of  seeking  them  again.  Mr.  Barion  thinks 
lie  has  it.  however,  in  tlie  large,  level  valley  near, 
>\'hich  does  not   appear  to  have   been   disturbed,   th^ 


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orig:inal  formation  seeming  to  have  boon  rotainoil. 
Whether  his  theory  is  correct  or  not  can  he  determined 
by  boring,  and  If  found  to  be  so,  the  coal  can  be  taken 
out  with  very  little  expense,  and  the  work  can  be  pros- 
ecuted through  the  year.  The  coal  now  in  sight,  it 
Is  estimated,  can  be  got  out  at  an  expense  of  about 
$8  per  ton. 

The  Sitka  mining  district  was  organized  about  six- 
teen years  ago.  The  first  mining  operations  in  Alaska 
were  commenced  here.  But  little  work  has  boon  done, 
however,  except  to  comply  with  the  assessment  law. 
There  is  every  reason  for  believing  that  the  ores  of  this 
district  are  of  the  richest  character,  and  assays  have 
frequently  disclosed  fabulous  results.  Milling  tests, 
which  are  more  satisfactory,  prove  the  value  of  the 
ores  beyond  question,  though  the  high  figures  of  some 
of  the  assays  are  not  reached.  The  minerals  found 
here  are  both  gold  and  silver,  though  mostly  the 
former.  The  two  mills  in  the  district  have  been  idle 
for  two  years  past. 

Prospecting  and  development  work  have  been  done 
on  the  following  properties: 

On  the  Stewart  mine  a  tunnel  was  run  250  feet  in  ore 
of  sufficient  richness  to  warrant  high  expectations. 

The  Lucky  Chance,  about  6  miles  inland  from  the 
head  of  Silver  Bay,  has  a  tunnel  100  feet,  and  ore  to 
a  considerable  amount  has  been  milled  with  results 
which  would  have  been  satisfactory  but  for  the  un- 
reasonable expense  in  mining,  packing  and  milling. 
Some  trouble  in  the  company  Is  alleged  to  be  the 
cause  of  a  cessation  of  the  business. 

The  Silver  Bay  Mining  Company  ceased  operations 
when  a  tunnel  had  been  run  about  100  feet.  The  as- 
sessment work  is  kept  up  by  the  company. 

The  Liberty  mine  has  been  worked  on  a  limited  scale 
during  the  season.  The  mine  is  favorably  located  near 
the  water's  edge  on  the  west  side  of  Silver  Bay  and 
has  a  deep-water  front.  The  formation  is  19  feet  be- 
tween walls  and  is  talcose  rock.  The  walls  are  dis- 
tinctly defined  and  are  slate  on  both  sides.  The  forma- 
tion, which  consists  of  rich  ore  at  the  place  of  work- 
ing, extends  to  the  top  and  beyond  of  the  high  moun- 
tain in  which  it  appears.  Only  a  milling  test  has  boon 
sent  away  for  reduction,  and  that  showed  about  $11. 
This  mine  is  conveniently  located  for  cheap  working 


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MINERAL   LAND   LAWS 


and  the  ores  are  friable  and  easily  reduced.  A  large 
percentage  of  it  comes  out  as  free  gold  when  crushed 
and  the  balance  may  be  easily  concentrated  in  sul- 
phurets, 

A  shaft  50  feet  deep  has  been  sunk  on  the  Haley  & 
Rogers  claim  as  a  prospect  only.  The  owner  of  the 
property  considers  it  of  great  value. 

A  tunnel  has  been  cut  into  the  Wicked  Fall  ledge 
and  assessment  work  is  annually  done.  So  of  the  mine 
Julia. 

Assessment  work  is  also  done  on  the  Eureka,  the 
Tumtum,  and  the  Billy  Basin  mine,  which  is  said  to 
yield  $22  of  silver  to  the  ton.  The  latter  is  about  6 
miles  up  Indian  River. 

A  number  of  workmen  have  been  employed  about  the 
coal  claims  of  the  Cleveland  mining  district  in  Cook's 
Inlet  during  the  year,  but  very  small  results  have  been 
reported.  It  may  be  inferred  that  the  time  has  not  yet 
come  for  the  development  of  the  coal  interests  of  that 
region.  •  •     -  • 


EXTRACTS   FROM   REPORT   OF    GOVERNOR    OF 

ALASKA-1894. 


fi    :; 


The  modern  discoveries  in  the  manner  and  process  of 
treating  gold  ores  and  the  inventions  of  machinery 
applicable  to  the  mining  industry  have  rendered  the 
manipulation  of  low-grade  gold-bearing  quartz  easy, 
successful  and  profitable. 

To  these  discoveries  and  inventions  Alaska  is  largely 
Indebted  for  the  development  and  success  of  tlie  ex- 
tensive mining  business  now  being  carried  on  in  the 
Territory.  Some  veins  of  rich  gold-bearing  quartz 
have  been  discovered  with'n  two  years  past;  but  most 
of  the  mines  which  were  first  worked  to  successful 
development  in  Alaska  were  ma*  ily  of  low-grade  ores, 
which  are  found  in  lodes  of  extensive  dimensions. 

The  Alaska  Treadwell  Gold  Mining  Company  appear 
to  have  an  inexhaustible  quantity  of  gold  ore,  which 
will  yield  from  $3  to  $4  per  ton.  The  year  ending 
May  31,  1894,  240,000  tons  of  ore  were  treated,  yielding 
$768,000,  or  $3.20  per  ton;  coat  of  mining  and  milling, 
$324,000,  or  $1.3r>  per  ton.     Net  profit,  $444,000. 

The  Mexican  mine,  under  the  same  management,  oij 


OF  THE  UNITED  STATES. 


257 


the  adjoining  claim,  runs  60  stamps  with  about  the 
same  results. 

At  Berners  Bay  the  Comet  mine,  which  is  of  high- 
grade  ore,  began  milling  the  quartz  in  June  last  with 
satisfactory  results.  Mines  are  being  operated  and  de- 
veloped in  all  of  the  following  mining  districts:  Sum- 
dum,  Snettishham,  Grindstone  Creek,  Sheep  Creek, 
Gold  Creek,  Lemon  Creek,  Montana  Creek,  Juneau 
mining  district,  all  Douglas  Island,  Sitka,  Unga  and 
Kadiak. 

The  most  successful  mines  are  situated  on  the  main- 
land belt  or  zone.  This  belt  runs  southeast  and  north- 
west. Beginning  in  Mexico,  it  passes  in  almost  a 
straight  line  to  the  Arctic  Ocean.  Varying  from  2  to 
20  miles  in  width,  it  embraces  some  of  the  best  mines 
in  Mexico,  the  Western  States  and  the  Territory  of 
Alaska.  Douglas  Island,  Gold  Creek,  Berners  Bay, 
and  the  placer  mines  of  the  Yukon  Valley  are  on  this 
belt.  The  most  productive  placers  on  Forty  Mile  and 
Miller  creeks  lie  directly  in  its  path. 

We  have  no  definite  information  from  the  mining 
camps  in  the  Yukon  country,  but  it  is  reported  that 
there  are  about  1,000  miners  in  that  locality,  the  ma- 
jority of  whom  will  remain  there  during  this  winter. 
A  number  of  persons  have  gone  into  that  district  who 
have  but  little  means  and  no  experience  in  mining 
or  other  labor,  and  I  fear  that  there  will  be  much 
suffering  for  want  of  supplies. 

I  would  recommend  that  .the  Government  engineers 
be  directed  to  survey  and  locate  a  wagon  road  to  the 
boundary  line  of  Alaska  by  the  way  of  Chilkat  Pass. 
The  distance  is  greater,  but  the  divide  is  much  lower 
than  by  the  Chilkoot  trail. 


iH':: 


EXTRACT  FROM  THE  REPORT  OF  THE  GOV- 
ERNOR OF  ALASKA  FOR  1895. 


)n 


The  amount  of  gold  produced  from  the  mines  of  this 
Territory  during  the  i)ast  year  has  done  much  to  con- 
firm the  opinion  that  Alaska  Is  a  profitable  and  will  be 
a  permanent  mining  country.  Capitalists  of  experience 
in  the  business  of  mining  gold  from  other  fields  have 

17 


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258 


MINERAL    LAND   LAWS 


visited    this   country   and   have   become   interested    in 
the  development  of  Alaska  mining  property. 

In  the  Harris  mining  district  at  Juneau  the  Tread- 
well  and  Mexican  have  exceeded  their  product  of  last 
year,  and  the  mines  in  the  Silver  Bow  Basin  have 
made  more  profitable  returns.  The  Juneau  Mining 
Company  have  erected  a  new  quartz  mill  of  30-stamp 
capacity,  driven  by  water  power,  and  are  now  crush- 
ing 115  tons  of  rock  each  twenty-four  hours,  at  a  cost 
of  $1.75  per  ton.  The  Sheep  Creek  mine  is  a  profitable 
ledge  producing  both  silver  and  gold.  The  Sumdum 
mines,  situated  about  50  miles  south  of  Juneau,  have 
been  developed  during  the  past  season  and  have 
proven  to  be  a  profitable  investment. 

Berner's  Bay  Mining  and  Milling  Company's  mines 
are  situated  in  the  Berner's  Bay  mining  district,  about 
60  miles  northwest  of  Juneau.  These  mines  comprise 
a  group  of  some  30  locations  situated  about  3  miles 
from  the  seacoast  and  connected  therewith  by  a  nar- 
row-gauge railroad  2i/^  miles  long  and  a  wire  tramway 
from  the  termination  of  the  railroad  to  the  Comet 
mine,  and  a  surface  gravity  railroad  from  the  Bear 
System  to  the  mill.*  The  mill  is  of  40  stamps,  with  a 
capacity  of  120  tons  a  day,  and  the  ore  is  gold-bearing 
of  a  high  grade.  The  major  portion  of  the  gold  is 
recovered  in  the  batteries  and  on  the  plates,  and  the 
balance  by  concentration  over  vanners.  Extensive 
development  work  is  being  carried  forward  with  the 
view  of  enlarging  the  milling  capacity  in  the  near 
future,  and  the  showing  is  most  encouraging,  gener- 
ally  speaking. 

The  Sitka  mining  district,  on  Baranoff  Island,  con- 
tains large  deposits  of  gold-bearing  quartz  rock,  on 
which  a  number  of  mining  claims  have  been  located 
and  development  work  commenced.  On  the  property  of 
the  Lucky  Chance  Mining  Company,  a  5-stamp  mill 
has  been  erected,  from  which  the  product  has  been 
satisfactory.  This  will  in  the  near  future  be  an  active 
mining  camp. 

The  mining  property  of  the  Apollo  Consolidated  Min- 
ing Company  is  located  on  Unga  Island,  one  of  the 
Shump  ;in  group,  situated  1,000  miles  westward  from 
Sitka.  This  company  has  an  unlimited  amount  of 
gold-bearing  rock,  favorably  located  near  the  water 
front  of  Unga  Bay.     By  an  expenditure  of  a  larga 


OF  THE  UNITED  STATES. 


2r)'j 


amount  of  capital  and  labor,  ably  and  skilUully  man- 
aged, this  mine  has  been  brought  to  such  a  condition 
of  exceRence  that  it  can  be  operated  with  great  econ- 
omy ano  large  profit.  Two  thousand  five  hundred  feet 
of  tunnels,  with  tramways,  have  been  completed, 
waterworks,  steam  compressor,  offices  and  dwelling 
houses  built,  and  lastly  a  40-stamp  quartz  mill  erected 
and  put  in  operation.  About  120  men  are  employed  at 
the  mine  all  the  year  through. 

COOK'S   INLET. 


This  is  a  placer  mining  district  situated  on  the  main- 
land 600  miles  west  of  Sitka.  For  several  years  small 
amounts  of  fine  gold  have  been  found  along  the  north 
Pacific  Coast.  In  the  fall  of  1894  it  was  rumored  that 
rich  deposits  of  the  precious  metal  had  been  discov- 
ered, and  during  the  spring  and  summer  of  this  year 
about  300  miners  visited  that  locality  for  the  purpose 
of  working  the  pla  ers  of  which  they  had  heard  such 
glowing  reports.  But  they  were  doomed  to  disap- 
pointment, and  failed  to  find  gold  in  paying  quantities. 
After  enduring  much  hardship  and  privation  they  re- 
turned home  and  the  placer  mines  of  Cook's  Inlet  are 
deserted. 

YUKON    DISTRICT. 

The  valley  of  the  Yukon  River  is  without  doubt  the 
most  extensive  field  of  placer  mines  discovered  since 
the  finding  of  gold  in  California.  The  precious  metal 
has  been  found  at  different  places  in  the  valley  of 
this  river,  covering  a  distance  of  800  miles.  The  great 
obstacles  to  successful  mining  in  this  district  are  the 
shortness  of  the  season  for  actual  work  and  the  per- 
petually frozen  ground.  The  earth  requires  to  be 
thawed  with  fire  before  it  can  be  mined.  With  these 
difficulties  to  contend  with  good  prospects  do  not 
always  yield  favorable  results. 

Notwithstanding  these  unfavorable  conditions,  the 
long,  cold  winters  and  the  long  distance  from  the  base 
of  supplies,  the  Yukon  country  is  destined  to  be  a 
prolific  gold-producing  district.  We  have  not  ascer- 
tained the  exact  number  of  miners  living  in  that  part 
of  Alaska,  but  from  our  best  information  we  would 
estimate  the  number  to  be  about  1,500.    Except  one  in- 


i  :■ 


■'.' , 


m 


1 1 


Ji' 


260 


MINERAL   LAND   LAWS 


spector  of  customs,  the  Government  of  the  United 
States  has  no  official  in  that  region. 

The  gold  mires  are  1,000  miles  distant  from  Sitka, 
the  capital  of  the  Territory,  with  no  way  to  reach 
there  but  by  going  over  the  mountain  pass  on  foot 
and  floating  down  the  river  in  a  canoe,  and  that  only 
during  one-half  of  the  year. 

This  condition  renders  it  entirely  impracticable  for 
civil  government  of  the  Territory  to  exercise  any  au- 
thority or  administer  the  law  either  in  the  judicial  or 
other  departments  in  that  part  of  the  Territory.  The 
pioneer  gold  miners  are  an  honest,  industrious  and  in- 
telligent body  of  men,  who  never  permit  a  crime  to  go 
unpunished  or  a  good  deed  unrewarded.  But  this 
primitive  condition  will  soon  have  passed  and  others 
than  honest  miners  will  assume  to  rule  the  coun- 
try, and  the  restraints  of  law  will  be  needed. 

The  Indians  of  the  Yukon  country  are  a  harmless 
and  peaceable  people,  and  we  fear  no  trouble  from 
them;  yet  in  the  absence  of  all  civil  government  I 
would  suggest  the  propriety  of  the  Government  estab- 
lishing a  military  post  of  one  company  of  fifty  men 
at  some  point  in  the  Yukon  Valley,  to  remain  until 
the  country  is  further  developed  and  its  needs  become 
known.  We  would  recommend  the  establishing  of  a 
mall  route  between  Chilkat  or  Chilkoot  to  Circle  City, 
in  Alaska,  the  mail  to  be  sent  from  each  point  once 
every  two  months. 


EXTRACT   FROM  THE   REPORT   OF    THE     GOV- 
ERNOR   OF   ALASKA    FOR   1896. 

GOLD  MINES. 

Two  million  three  hundred  thousand  dollars  in  gold 
bullion  have  been  taken  from  the  gold  mines  within 
the  Territory  of  Alaska  during  the  year  ending  Oc- 
tober 1,  1896.  The  greater  part  of  this  amount  is  the 
product  of  low-grade  ores,  much  of  which  yieldeu  less 
than  $4  per  ton.  The  improved  methods  in  mining  and 
milling  gold-bearing  rock  have  so  greatly  reduced 
the  expense  that  almost  any  grade  of  gold  ores  can  be 
worked  with  a  profit.  One  dollar  and  twenty-five  cents 
per  ton  is  the  average  cost  of  mining  and  milling  the 
quartz  rock  at  the  Alaska  Treadwell  Gold  Mining  Com- 


',!;     i 


OP  THE  UNITED  STATES. 


2fil 


pany's  mines  on  Douglas  Island,  Alaska.  Hunting- 
or  prospecting^  for  new  mines  has  l)epn  very  active  dur- 
ing the  year  last  past,  and  a  number  of  good  mines 
have  been  located.  Several  of  these  new  ledges  are 
being  rapidly  developed,  and  on  some  .stamp  mills  have 
been  erected  and  are  operating  with  satisfactory  re- 
sults. Confidence  in  Alaska  as' a  gold-producing  coun- 
try increases  as  her  resources  are  developed. 

SITKA  DISTRICT. 

A  number  of  gold-bearing  quartz  ledges  and  placer 
deposits  have  been  discovered  in  this  district  and 
several  of  them  are  being  rapidly  developed  with  good 
prospects.  The  "Pande  Basin  placer  mine"  is  situated 
between  high  mountains  about  8  miles  from.  Sitka. 
About ,  150  acres  of  this  placer  are  covered  by  the 
waters  of  a  small  lake.  It  is  proposed  to  drain  off  the 
waters  of  this  lake,  which  will  enable  the  whole  area 
to  be  mined. 

PLACER  MINES  OF  THE  YUKON. 

The  <gold  placers  of  the  Yukon  region  still  cortinue 
to  attract  the  attention  of  gold  miners  and  fortune 
seekers.  The  summit  of  the  Chilkat  [Chilkoot]  Pass 
lies  4,000  feet  above  sea  level  and  is  covered  with  per- 
petual snow.  The  route  over  this  pass  is  usually  the 
one  taken  in  going  into  the  Yukon  country.  It  is  only 
25  miles  over  this  pass  from  tide  water  on  this  side 
to  Lake  Linderman,  one  of  the  sources  of  the  Yukon 
River,  on  the  other  side.  When  Lake  Linderman  is 
reached,  the  prospector  constructs  rafts  and  boats  and 
continues  his  journey  with  them  800  miles  down  the 
river  to  the  gold  fields.  One  thousand  men  and  40 
women,  traveling  on  snowshoes,  went  over  this  route 
to  the  mines  during  this  season.  A  large  number  of 
those  who  have  gone  to  the  Yukon  region  will  not 
realize  their  expectations  and  will  immediately  return 
to  their  homes. 

Mining  in  that  frigid  region  is  attended  with  so  much 
difficulty  and  labor  that  only  those  of  great  experience 
and  endurance  oar  expect  to  succeed.  No  rich  de- 
velopments or  discoveries  have  been  reported  from 
there  at  this  writing.  It  is  estimat«=Kj,  however,  that 
this  season's  output  will  be  fully  '  >  to  that  of  last 
year.    It  would  be  well  to  establisi    a  small  military 


1     ." 


262 


MINERAL  LAND   LAWS 


I 
1   'ii 


M     .4'' 


W 


■ 


post,  or  a  police  force,  in  that  part  of  the  Territory. 
The  Canadian  Government  maintains  a  police  force 
consisting  of  a  company  of  LO  men,  the  captain  of 
which  is  clothed  with  the  powers  of  a  trial  magistrate. 
This  company  is  located  in  the  mining  district,  on  the 
line  between  Alaska  and  British  Columbia.  It  is  re- 
ported that  it  is  very  efficient  in  punishing  criminals 
and  preventing  disorderly  conduct.  Authority  is  ex- 
ercised with  fairness  and  discrimination,  and  is  pro- 
ductive of  great  good  on  both  sides  of  the  line. 

The  following  is  quoted  from  my  last  year's  report 
for  general  information: 

Over  the  Pass.— The  shortest,  quickest  and  cheap- 
est way  to  the  Yukon. 

The  following  table*  shows  the  distances  from  Juneau 
to  the  various  points  named  on  the  only  practicable 
route  to  and  down  the  great  Yukon  Basin,  and  is  re- 
published for  the  information  of  the  scores  of  in- 
quirers who  weekly  address  the  Mining  Record  upon 
the  subject  of  the  great  auriferous  regions  of  the  far 
northwest.  To  them  we  would  also  say  that  outfits 
can  be  secured  here  more  advantageously  than  at  any 
other  point,  as  long  experience  has  taught  our  dealers 
the  exact  requirements,  and  their  advice  in  the  prem- 
ises will  be  found  invaluable. 

This  is  no  poor  man's  country;  no  one  should  arrive 
here  with  less  than  $500;  the  road  is  long,  supplies  are 
costly,  seasons  are  short,  and  fortune  fickle;  failure  to 
find  gold  the  first  season  entails  suffering  upon  those 
whose  funds  are  insufficient  to  carry  them  through 
the  long  winter  when  absolutely  nothing  can  be  done; 
not  one  in  a  hundred  makes  a  strike  the  first  season. 

Inexperienced  persons,  unless  prepared  for  long-ex- 
tended delays,  should  stay  away;  gold  finding  is  a 
science  which  can  be  acquired  only  in  its  native  fields, 
and  the  art  must  be  mastered  elsewhere,  for  in 
Alaska  there  is  no  time  for  pondering;  action  must  be 
quick  and  sharp  or  the  season  is  lost. 


EXTRACT  FROM  REPORT  OF  GOVERNOR 
ALASKA  FOR  1897. 


OF 


In  1858  there  occurred  what  is  known  as  the  Eraser 
River  excitement,  and  this  merged  into  the  Cariboo 
•  See  p.  308. 


OF  THE  UNITED  STATES. 


2G3 


country,  where  large  quantities  of  gold  were  obtained. 

In  1862  gold  was  discovered  upon  the  Stikine  River  in 
British  Columbia,   near  the   Alaska   boundary   line. 

About  the  year  18G7  Captain  Lewis,  of  the  Hudson 
Bay  Company's  steamer  Otter,  picked  up  a  man  who 
was  wounded,  hungry,  and  drifting  in  a  canoe  near 
Takou  Harbor  in  the  neighborhood  of  Stockdale  Point. 
This  man  haa  some  gold  dust.  His  name  was  Culver. 
He  had  two  partners,  and  the  natives,  attacking  them, 
killed  one. 

He  told  the  story  of  his  discovery  at  Port  Townsend, 
where  a  party  fitted  out  and  embarked  on  the 
schooner  Louisa  Downs.  He  said  that  he  could  take 
them  to  the  p'lace.  They  came  to  Sitka,  replenished 
their  stores,  and  proceeded  to  the  neighborhood  of  the 
Takou;  but  Culver  could  not  tell  anything,  for  it  all 
seemed  a  blank  to  him.  They  threatened  to  hang  him, 
and  then  he  lost  his  wits  altogether. 

He  came  back  to  Sitka,  where  he  died  a  few  years 
afterwards.  He  told  his  best  friends,  just  before 
dying,  that  he  had  always  told  the  truth  about  the 
^old,  and  that  soma  day  the  place  would  be  found. 

In  1873  gold  was  discovered  in  the  Cassiar  district 
of  British  Columbia,  and  the  entrance  to  it  is  up  the 
Stikine  River. 

It  was  in  the  summer  of  this  year  that  William  Dun- 
lap  and  some  others  started  to  prospect  around  Sitka. 
They  found  colors  in  Indian  River,  and  at  the  falls 
a  quartz  ledge  carrying  mineral.  At  the  head  of 
Silver  Bay,  10  miles  from  town,  they  found  colors  and 
float  quartz  in  a  stream.  In  following  up  the  stream 
they  found  a  branch  of  it  flowing  across  a  large 
quartz  ledge. 

Among  the  soldiers  who  were  stationed  here  was 
Nicholas  Haley.  He  had  worked  upon  the  mines  in 
California  and  Nevada.  When  he  saw  this  ore  he 
became  interested  and  found  out  all  that  he  could 
learn.  He  and  another  soldier  obtained  a  few  days' 
leave,  and  they,  with  Edward  Doyle,  went  to  the  ledge 
already  discovered.  Two  blasts  were  put  in,  and  about 
$300  worth  of  fine  gold  quartz  specimens  were  blown 
out. 

When  Haley  visited  this  ledge  soon  afterwards  he 
went  farther  up  the  stream,  and  in  about  a  quarter  of 
a  mile  he  came  upon  a  fine  cropping  of  quartz.    When 


hi 


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ill!i:lii 


2G4 


MINE  UAL   LAND    LAWS 


tho  disintegrated  surface  was  panned  plenty  of  colors 
could  be  obtained.  These  were  pronounced  genuine 
discoveries,  and  are  the  lirst  real  discoveries  of  gold 
in  Alaska. 

Fort  Wrangell  was  the  entry  port  and  headquarters 
of  miners  entering  the  Cassiar  country. 

In  1874  a  number  went  prospecting  on  the  main 
coast  north  from  Wrangell,  and  discovered  and 
worked  placer  ground  at  a  place  called  Shuck,  in 
Stephens  Passage,  and  not  far  from  Holkham  Bay. 
A  considerable  amount  of  dust  was  taken  from  a  few 
claims. 

Alaska,  at  this  time,  was  connected  very  closely  with 
Oregon.  The  mail  steamer  hailed  from  there  and  the 
traders  and  merchants  did  nearly  all  of  their  busines 
in  Portland.  The  military  officers  came  from  Van- 
couver, only  14  miles  from  Portland.  These  officers 
took  great  interest  in  the  quartz  discoveries.  It  was 
quite  natural,  therefore,  that  the  first  mining  company 
should  be  incorporated  under  the  laws  of  Oregon,  in 
Portland.  This  was  on  January  30,  1877,  and  it  was 
known  as  the  Alaska  Gold  and  Silver  Mining  Com- 
pany. 

The  mine  was  named  Stewart  Tunnel,  after  Major 
Stewart,  who  was  then  in  command  of  the  troops  sta- 
tioned at  Sitka. 

The  Portland  merchants  controlled  the  stock.  The 
work  of  development  began,  and  in  1879  a  10-stamp  mill 
was  put  up.  But  affairs  were  not  managed  well,  and 
in  the  spring  of  1880  the  president  of  the  company 
came  up  and  shut  down  the  works. 

This  turn  left  quite  a  number  of  men  in  the  neigh- 
borhood of  Sitka  without  employment.  Two  of  these 
were  Richard  T.  Harris  and  Joseph  Juneau.  They 
were  outfitted  by  George  E,  Pilz,  the  superintendent 
of  the  Stewart  Tunnel  mine,  and  N.  A.  Fuller,  store- 
keeper. Harris  and  Juneau  struck  out  in  the  direc- 
tion of  Takou.  In  October  they  returned  with  quartz 
crammed  with  gold,  and  such  a  quantity  as  to  leave  no 
doubt  as  to  the  value  of  tho  discovery. 

Steam  launch,  boats,  cargoes  and  steamers  were 
made  ready  and  there  was  a  rush  for  Gastinaux  Chan- 
nel. Locations  were  made,  both  placer  and  quartz, 
along  Gold  Creek,  and  at  its  source,  in  Silver  Bow 
Basin.     A  town  was  marked  out,  and  some  called  it 


i 


OF  THK  UNITED  STATRS. 


20.5 


Rockwell,  after  the  popular  oxeeutive  ofUcer  of  (ho 
Jamestown;  others  Ilarrisburg;  but  linally,  at  a  min- 
ers' meeting  in  May,  1882,  the  name  of  Juneau  was 
adopted. 

The  first  winter  was  one  of  waiting. 

Work  began  in  earnest  in  1881,  and  many  thousands 
of  dollars  were  washed  out.  New  life  was  thus  given 
to  mining.  Prospectors  branched  out  in  all  directions. 
Douglas  Island,  across  the  channel  from  Juneau,  re- 
ceived immediate  attention,  and  considerable  gold  was 
cleaned  up  from  claims  upon  the  beach.  Several 
hydraulic  claims  were  located  on  top  of  what  is  now 
the  Treadwell  group. 

Quartz  locations  were  made  upon  this  island  in  May, 
1881.  Mr,  John  Treadwell,  of  San  Francisco,  acquired 
for  himself  and  others  in  the  same  city,  a  number  of 
the  locations  by  purchase.  Development  began  by  run- 
ning two  tunnels  and  erecting"  a  5-stapip  mill.  In  due 
time,  when  there  was  no  longer  any  doubt  as  to  the 
extent  and  value  of  the  ore,  cost  of  transportation, 
timber,  wood,  and  other  problems  which  have  to  be 
considered  in  valuing  a  mine,  a  240-stamp  mill  was 
erected  with  all  of  its  accessories  in  the  way  of  shops, 
water,  and  steam  power,  tracks,  wharf,  electric  lights 
and  chlorination  works.  The  machinery  is  the  best 
that  can  be  obtained,  and  the  greatest  care  has  been 
taken  in  the  construction  of  the  whole  plant.  These 
works  are  not  surpassed  by  anything  similar  in  any 
mining  country. 

This  Alaska  Treadwell  concern  has  given  tone  and 
backbone  to  mining  in  this  far-off  quarter  of  the  globe. 
Day  and  night,  month  after  month,  year  after  year, 
these  stamps  have  been  dropping,  and  the  smoke  from 
the  fires  in  the  chlorination  works  has  been  wafted 
either  up  or  down  the  channel. 

The  monthly  shipments  of  bricks  of  bullion  are  argu- 
ments of  great  weight. 

The  Alaska  Treadwell  is  450  feet  wide. 

The  company  is  sinking  a  shaft,  and  no  doubt  in  the 
near  future  will  erect  a  mill  of  more  than  twice  the 
capacity  of  the  present  one. 

.  Next  comes  the  Alaska  Mexican  Gold  Mining  Com- 
pany, under  almost  the  same  management  as  the 
Alaska  Treadwell.  This  property  is  on  Douglas  Island 
and  about  a  half  mile  south  of  the  Alaska  Treadwell; 


I  : 


Mi! 


II 


v: 


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ii: 


2r,n 


MINERAL    LAND   LAWS 


At  Funtcr  Bay,  Admiralty  Island,  the  Boston-Alaska 
Gold  Mining  Company  have  a  lO-stamj)  mill,  which  is 
operated  hy  water  power.  There  are  42  claims.  This 
year  they  have  been  doing  development  work. 

At  Silver  Bow  Basin  a  400-foot  tunnel  is  bein^  run 
on  the  Perseverance  by  Wisconsin  parties. 

The  Ebner  mill  has  10  stamps,  and  is  run  the  year 
through  by  water  power. 

The  Webster  mill  has  5  stamps,  but  is  idle  most  of 
the  time. 

The  London  Exploration  Company  bought  out  the 
Lane  &  TlayWvard  Company,  and  are  running  35  stamps 
and  tu'xning  out  bullion  at  a  profit. 

At  the  Yankee  Basin  is  the  Aurora  Borealis,  owned 
bj'  S.  P.  Earle  &  Co.  They  are  erecting  a  5-stamp  mill, 
to  run  by  steam.  Considerable  development  work  has 
been  done,  and  the  ore  is  very  promising. 

Montana  Creel^:  Claims  held  by  Juneau  people;  de- 
velopment work  in  progress.  There  are  more  than 
twenty  claims,  and  they  are  about  7  miles  from  salt 
water.  There  is  a  trail  and  wagon  road.  The  ore 
assays  well. 

In  the  Berner's  Bay  district  are  the  Horrible  and 
Mexican  claims,  owned  by  the  Portland-Alaska  Gold 
Mining  Company.  There  are  300  feet  and  more  of  tun- 
neling, several  inclines,  and  a  10-stamp  mill  close  to 
salt  water.  A  wire  tramway  10,000  feet  long  connects 
the  mine  with  the  mill.  One  hundred  thousand  dol- 
lars has  already  been  spent  upon  it. 

Another  mine  in  this  neighborhood  Is  the  Jualin,  a 
word  made  up  of  the  first  syllables  of  the  words  Ju- 
neau, Alaska,  and  Indiana.  They  have  a  10-stamp  mill. 
The  vein  is  from  3  to  6  feet,  and  the  yield  in  gold  ex- 
ceeds $10  per  ton,  and  there  is  enough  ore  in  sight  to 
keep  the  mill  going  for  a  long  while.  There  is  no  stock 
for  sale.  The  short  history  of  the  management  of  this 
mine  is  worthy  of  study.  It  is  surely  one  of  the 
neatest  and  cleanest  pieces  of  work  that  has  been 
done  in  Alaska. 

Claims  have  been  located  and  houses  built  in  the 
Mendenhall  district,  and  a  company  organized  to  be- 
gin work.  Many  claims  are  undergoing  development 
on  Snettisham  Bay,  but  no  mill  has  been  built. 

The  Bald  Eagle  is  a  noted  mine.  Nearly  $200,000  was 
taken  out  with  11  months'  run  with  a  4-stamp  mill. 


OF  TnR  t'NITED  STATES. 


2Cu 


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- 


J 


Last  yoar  thoy  cloanod  up  $00,000  in  ir.7  day.s'  run. 
One  thousand  .seven  bundled  I'vvi  of  tuniud  has  strurk 
the  ledge  350  feet  deep,  the  null  ore  nnuiinf?  from 
$48  to  $53  per  ton.  In  tb^  vicinity  of  the  Tiald  Ea^le  is 
the  Sum  Dum  Chief.  \  10-stamp  mill  is  in  process 
of  erection,  to  be  run  by  v/ater  or  steam.  There  is  an 
electric  plant  to  run  Lhe  hoist  and  air  compressor. 
They  have  4,000  fee  of  v^Ire  tramway  from  the  mill 
to  the  mine,  along-  ine  side  ol  the  mountain,  1,500  feet 
above  the  mill.  Mine  is  well  developed,  with  tunnels 
and  wini.es. 

Three  or  four  claims  are  under  development  near 
Shuck,  where  there  was  ijlacer  mining  in  1874. 

Locations  have  been  made  upon  Gravina  Island 
and  around  Boca  de  Quadra. 

There  were  380  mining  claims  recorded  at  Juneau  last 
year. 

One  of  the  largest  enterprises  in  the  Territory  is  the 
Apollo  Consolidated  Mining  Company,  upon  Unga 
Island.  The  company  is  composed  of  San  Francisco 
people.  They  have  spent  $375,000  in  development  and 
construction.  They  run  a  40-stamp  mill  and  concen- 
trators. The  monthly  yield  of  gold  is  $30,000  and  more. 
It  pays  the  company  to  ship  the  concentrates,  rather 
than  treat  them  on  the  ground,  on  account  of  the 
high  price  of  fuel. 

So  far  but  little  silver  has  been  found.  Sheep  Creek, 
near  Juneau,  is  the  only  place  where  it  is  produced. 
Rich  silver  ore  has  been  found  north  of  Golovnin  Bay, 
and  attempts  have  been  made  to  ship  the  ore,  but  they 
proved  sadly  disastrous. 


o 
k 

.s 
le 
n 

le 

B- 
it 


IS 
11. 


YUKON  VALLEY. 

Cassiar  muiors  who  would  spend  their  winters  at  Vic- 
toria, Port  Wrangeli  and  Sitka,  would  often  express  a 
desire  and  a  determination  to  prospect  the  head- 
waters of  the  Yukon.  The  passes  were  held  by  the 
Chilkats,  a  tribe  noted  for  its  willingness  to  fight  in 
order  to  maintain  their  monopoly  of  the  fur  trade  with 
the  interior  people.  They  were  extremely  jealous  of  the 
white  men  going  in,  for  they  would  cultivate  wrong 
notions  in  the  minds  of  the  Stick  Indians,  In  May, 
1878,  a  party  left  Sitka  with  their  outfits  on  a  small 
steamer.    These  Chilkats  had  many  questions  to  ask, 


-i'ly' 


268 


MINERAL   LAND   LAWS 


and  were  saucy.  These  adventurers  did  not  deem  it 
safe  to  take  the  risk,  so  they  got  up  steam  and  left 
early  in  the  morning,  and  returned  to  Sitka.  Two 
years  afterwards  parties  did  cross,  and  went  down  a 
distance,  but  they  came  out  in  the  fall. 

In  1882  large  numbers  went  in  over  the  Dyea  trail, 
and  the  same  year  Ed.  Schieflelin  and  brother  built  a 
steamer  for  the  Yukon,  and  with  a  party  of  five  went 
up  the  river  to  Nulukilt,  where  they  wintered.  The 
next  season  they  prospected  until  August.  They  found 
coarse  gold  everywhere.  A  short  distance  beneath  the 
surface  they  found  the  ground  frozen.  The  miners 
were  well  rewarded  by  working  the  bars  on  Stewart 
River  and  its  tributaries  before  1885. 

Franklin  discovered  coarse  gold  on  Forty  Mile  Creek 
in  the  fall  of  1886.  This  is  in  Alaska  Territory.  There 
was  a  rush  from  Stewart  River  to  this  stream  and  its 
branches,  and  they  have  been  worked  every  year 
sihce.  While  Sixty  Mile  Creek  and  Forty  Mile  Creek 
pass  over  into  British  soil,  nearly  all  of  the  gold  dig- 
gings are  on  the  American  side  of  the  line.  Circle  City 
was  founded  in  the  fall  of  1894.  I*^  is  the  depot  for  sup- 
plies to  the  miners  upon  Birch  Creek  and  its  forks. 
Gold  was  found  the  previous  year,  1893.  Thus,  year 
after  year,  the  field  has  been  widening  and  more  men 
have  been  attracted,  and  they  go  in  expecting  to  re- 
main several  years.  But  the  miner  is  handicapped.  The 
want  of  supplies  and  transportation  facilities  is  what 
discourages  him.  If  he  waits  till  the  river  opens  and 
the  boats  come  up,  his  time  is  consumed.  If  he  starts 
out  with  a  dog  team,  he  knows  that  his  grub  will  last 
so  many  days  and  no  longer,  and  to  go  farther  and 
trust  to  his  gun  would  be  tempting  fate.  This  is  the 
great  problem  for  the  Yukon,  namely,  how  to  get 
supplies  there  and  sell  them  at  profits  not  akin  to 
robbery,  and  how  to  distribute  them  to  any  river, 
creek  or  gulch  where  men  are  at  work.  Capital  put 
into  enterprises  with  such  ends  in  view  will  be  re- 
warded richly. 

KLONDIKE.  " 


The  discovery  of  gold  upon  this  branch  of  the  Yukon 
In  August,  1896,  by  George  Cormack,  was  no  doubt 
largely  by  accident.  However  that  may  be,  It  has 
stirred  up  the  world.    The  shipments  of  gold  by  the 


OF  THE  UNITED  STATES. 


20)0 


Steamer  told  the  story.  Thousands  started  at  once, 
and  thousands  more  are  waiting  to  be  more  certain, 
and  it  is  well  that  they  have  done  so.  Shipload  after 
shipload  of  gold-seekers  and  their  freight  has  been 
rushed  to  the  extreme  limit  of  salt-water  navigation, 
and  there  they  have  been  literally  dumped  upon  the 
beach,  some  above  high  water  and  many  below,  as 
they  learned  to  their  sorrow  when  the  water  cov- 
ered them  when  they  slept.  Miners'  meetings  were 
held  upon  the  ships  on  the  way  up  and  about  every 
two  hours  after,  they  were  piled  upon  the  beach. 
Some  said  Dyea  was  best,  many  held  out  for  Skugua. 
[Skagway].  It  may  be  well  to  explain  that  there  are 
three  passes  over  the  coast  range  of  mountains  in  the 
neighborhood  of  Lynn  Canal,  which  is  the  extreme 
limit  of  salt  water  in  ca  northerly  direction.  The  one 
which  has  always  been  used  by  the  Chilkats,  and  by 
the  early  prospectors  and  miners,  and  who  are  now 
looked  upon  as  old-timers,  is  the  Chilkoot  Pass,  or,  as 
it  is  more  frequently  called,  the  Dyea  Pass.  West  of 
this  the  Chilkat  River  is  ascended,  and  on  this  route 
is  the  Chilkat  Pass  and  Dalton  Trail. 

Now,  about  3  miles  below  where  the  Dyea  waters 
empty,  and  on  the  east  shore,  is  another  stream  which 
has  filled  up  a  bight  of  the  coast  with  sand  and  gravel, 
which  forms  a  flat  between  the  mountain  walls.  The 
natives  call  this  stream  Skugua  [Skagway].  Parties 
from  Victoria  have  been  seeking  for  a  pass  to  the 
Northwest  Territory,  and  Capt.  William  Moore,  who 
has  been  a  pioneer  in  every  camp  since  1888,  especially 
in  steamboating,  persuaded  these  people  to  take  hold 
of  this  pass.  Moore's  son  located  160  acres  under  the 
law  of  1891.  A  company  was  organized  and  they  were 
proceeding  to  build  a  sawmill  and  a  wharf,  and  in- 
tended to  open  a  trail,  but  when  the  ships  arrived  with 
gold-seekers,  they  were  simply  overwhelmed.  The 
miners  paid  no  attention  to  former  locations,  but  went 
ahead  and  laid  out  a  town  and  elected  a  recorder. 

More  than  eleven  hundred  locations  have  been  made, 
and  now  the  town  of  tents  is  giving  way  to  the  town 
of  frame  houses.  The  trail  was  not  open,  and  even  the 
correct  distance  was  not  known  before  the  eager 
throng-  were  crowding  with  horses,  goats,  oxen,  and 
mules,  hitched  to  carts,  wagons  and  drags,  and  carry- 
ing pack  saddles  loaded  with  flour,  bacon,  beans,  dried 


fir 


f 


270 


MINEKAL   LAND    LAWS 


i  I 


fi 


apples  and  hay.  Already  the  saloon  and  dance  hall 
were  up  and  ready  for  patrons.  Tons  of  stuff  were 
scattered  over  the  beach,  and  shiploads  strung  along 
the  trail.  These  men  have  had  a  terrible  time,  but 
they  are  brave,  and  started  out  to  endure  hardships. 
Take  them  as  a  class,  they  would  rank  far  above  the 
average  manhood  of  the  country.  By  hard  work  and 
bull-dog  tenacity  and  perseverance  some  outfits  went 
over  the  Skugua  [Skagway]  trail  and  White  Pass  to 
the  lakes  and  down  the  river.  If  this  pass  is  improved 
and  kept  open  during  the  winter  it  may  be  possible  to 
put  over  hundreds  of  tons  of  provisions  and  have  them 
ready  at  the  lakes  for  the  break-up  in  the  spring. 

Skugua  [Skagway]  is  being  built  up  rapidly.  Lum- 
ber is  in  demand,  and  lots  are  selling  as  high  as  $1,500. 
No  natives  were  at  work  on  this  trail.  Those  who  took 
the  Dyea  trail  had  no  hindrance.  The  price  of  packing 
went  up  to  $40  per  hundred  from  salt  water  to  the 
lake.  Most  of  those  who  got  in  went  over  this  trail. 
The  Chilkat  or  Dalton  trail  is  the  most  westerly.  It 
avoids  the  lakes,  canyon,  rapids,  etc.,  by  keeping  to 
the  left,  and  comes  oUt  far  down  on  the  river.  It  is 
over  this  trail  that  they  drive  in  horses  and  cattle. 
Americans  are  anxious  to  secure  a  route  to  the  yukon 
which  shall  be  entirely  upon  the  United  States  terri- 
tory.^Different  parties  are  now  out,  and  are  carefully 
examining  the  mountains  between  Yakutat  and  Cook 
Inlet.  It  is  to  be  hoped  that  they  may  succeed  and  re- 
port their  discovery  yet  this  fall.  This  is  the  third 
season  of  the  work  in  Cook  Inlet.  The  excitement 
over  the  Klondike  has  drawn  many  away  from  that 
district;  nevertheless,  the  output  of  gold  this  year  will 
be  no  mean  sum.  The  possibilities  of  the  whole  region 
bordering  upon  this  inlet  and  upon  Prince  William 
Sound  will  draw  crowds  of  adventurers  in  the  near 
future. 

COPPER. 

But  little  more  can  be  said  of  copper  than  has  al- 
ready been  quoted  from  the  early  navigators.  The  Cop- 
per River  natives  bring  bullets  made  of  it.  A  number 
of  locations  have  already  been  made  upon  Prince 
William  Sound,  and  representatives  of  the  large  cop- 
per-producing plants  are  on  the  ground,  but  there  will 
be  no  development  before  another  season. 


OF  TIIR  UNITED  STATES. 
MARBLE. 


271 


This  is  found  in  many  localities,  but  heretofore  but 
little  attention  has  been  g-iven  to  it.  The  Russians  at 
Sitka  used  to  make  excellent  lime  from  marble  obtained 
on  Halleck  Island,  about  14  miles  north  of  town.  This 
year  a  number  of  locations  have  been  made  and  parties 
are  exploiting  it  in  the  East. 

IRON. 

Nobody  is  looking  after  this  metal  just  now. 

COAL. 

The  best  that  is  in  print  on  this  subject  is  the  report 
on  coal  and  lignite  of  Alaska  by  William  Healey  Dall, 
United  States  Geological  Survey.  His  report  will  show 
how  well  distributed  the  coal  croppings  are  and  how 
little  development  work  has  been  done.  Alaska  is  be- 
coming a  large  consumer  of  coal,  and  nearly  all  that 
is  now  used  comes  from  Vancouver  Island,  British 
Columbia.  This  increasing  demand  will  cause  more  at- 
tention to  be  given  to  the  coal  fields  in  the  near  future. 

COAL  OIL. 

It  has  long  been  known  that  coal  oil  has  been  float- 
ing upon  the  waters  around  Prince  William  Sound. 
Parties  have  now  taken  this  matter  in  hand,  and  it 
will  doubtless  be  w^ell  inquired  into  during  the  next 
year. 

Enough  has  now  been  said  to  convince  a  skeptic  that 
Alaska  is  the  most  promising  mineral  field  that  is  in 
the  possession  of  the  United  States,  or  within  the  pos- 
session of  any  other  country.  The  Yukon  and  its 
tributaries  '-re  the  ideal  diggings  for  poor  men.  The 
gold  is  all  frozen  and  it  takes  muscular  power  to  get 
it  out.  In  fact,  a  new  kind  of  mining  has  been  de- 
veloped. The  best  work  is  done  in  the  winter,  when 
fires  are  kept  going  upon  the  frozen  earth.  As  it  thaws 
it  is  scraped  up  and  piled  in  heaps,  where  it  remains 
until  washing  time  in   the  spring. 

The  individual  miner  has  his  chance  to  make  a 
stake  as  well  as  any  company  or  corporation. 


1 .  i>"' 


!  ■<( 


:,         I 


I  i,: 


i.l\ 


{■■, 


I  ,: 


i|  I  .  ,      :  I  i 


272 


MINERAL   LAND   LAWS 


EXTRACTS  FROM  REPORT  OF  MR.  OGILVIE,  TO 
DOMINION    GOVERNMENT. 

While  at  Juneau  I  heard  reports  of  a  low  pass  from 
the  head  of  Chilkoot  Inlet  to  the  head  waters  of  the 
Lewes  River.  During  the  time  I  was  at  the  head  of 
Taiya  Inlet  I  made 'inquiries  regarding  it,  and  found 
that  there  was  such  a  pass,  but  could  learn  nothing 
definite  about  it  from  either  whites  or  Indians.  As 
Capt.  Moore,  who  accompanied  me,  was  very  anxious 
to  go  through  it,  and  as  the  reports  of  the  Taiya  Pass 
indicated  that  no  wagon  road  or  railroad  could  ever 
be  built  through  it,  while  the  new  pass  appeared, 
from  what  little  knowledge  I  could  get  of  it,  to  be 
much  lower  and  possibly  feasible  for  a  wagon  road,  I 
determined  to  send  the  captain  by  that  way,  if  I 
could  get  an  Indian  to  accompany  him.  This,  I  found, 
would  be  difficult  to  do.  None  of  the  Chilkoots  ap- 
peared to  know  anything  of  the  pass,  and  I  concluded 
that  they  wished  to  keep  its  condition  and  existence  a 
secret.  The  Tagish,  or  Stick  Indians,  as  the  interior 
Indians  are  locally  called,  are  afraid  to  do  anything  in 
opposition  to  the  wishes  of  the  Chilkoots;  so  it  was 
difficult  to  get  any  of  them  to  join  Capt.  Moore;  but 
after  much  talk  and  encouragement  from  the  whites 
around,  one  of  them  named  "Jim"  was  induced  to 
go.  He  had  been  through  this  pass  before,  and  proved 
reliable  and  useful.  The  information  obtained  from 
Capt.  Moore's  exploration  I  have  incorporated  In  my 
plan  of  the  survey  from  Taiya  Inlet,  but  it  Is  not  as 
complete  as  I  would  have  liked.  I  have  named  this 
pass  "White  Pass,"  in  honor  of  the  late  Hon.  Thos. 
White,  Minister  of  the  Interior,  under  whose  author- 
ity the  expedition  was  organized.  Commencing  at 
Taiya  Inlet,  about  two  miles  south  of  Its  north  end, 
It  follows  up  the  valley  of  the  Skagway  River  to  Its 
source,  and  thence  down  the  valley  of  another  T-iver 
which  Capt.  Moore  reported  to  empty  into  the  Takone 
or  Windy  Arm  of  Bove  Lake  (Schwatka.)  Dr.  Daw- 
son says  this  stream  empties  into  Taku  Arm,  and  In 
that  event  Capt.  Moore  is  mistaken. 

After  getting  all  of  my  outfit  over  to  the  foot  of 
Lake  Lindeman,  I  sst  some  of  the  party  to  pack  it  to 
the  head  of  Lake  Bennet.    The  stream  between  these 


OP  THE  UNITED  STATES. 


273 


hi 
■if  ■  I 


two  lakes  is  too  shallow  and  rough  to  permit  of  canoe 
navigation,  and  everything  had  to  be  portaged  the 
greater  part  of  the  way. 

The  survey  was  completed  to  the  canon  on  the  20th 
of  July.  There  I  found  the  party  with  the  large  boat, 
had  arrived  on  the  18th,  having  carried  a  part  of  the 
supplies  past  the  canon,  and  were  awaiting  my  arrival 
to  run  through  it  with  the  rest  in  the  boat.  Before 
doing-  so,  however,  I  made  an  examination  of  the 
canon.  The  rapids  below  it,  particularly  the  last  rapid 
of  the  series  (called  the  White  Horse  by  the  miners) 
I  found  would  not  be  safe  to  run.  I  sent  two  men 
through  the  canon  in  one  of  the  canoes  to  await  the 
arrival  of  the  boat,  and  to  be  ready  in  case  of  an  acci- 
dent to  pick  us  up.  Every  man  in  the  party  was  sup- 
plied with  a  life-preserver,  so  that  should  a  casualty 
occur  we  would  all  have  floated.  Those  in  the  canoe 
got  through  all  right;  but  they  would  not  have  liked  to 
repeat  the  trip.  They  said  the  canoe  jumped  about  a 
great  deal  more  than  they  thought  it  would,  and  I 
had  the  same  experience  when  going  through  in  the 
boat. 

The  passage  through  is  made  in  about  three  minutes, 
or  at  the  rate  of  about  12V^  miles  an  hour.  If  the  boat 
Is  kept  clear  of  the  sides,  there  is  not  much  danger 
in  high  water;  but  in  low  water  there  is  a  rock  in  the 
middle  of  the  channel,  near  the  upper  end  of  the  canon, 
that  renders  the  passage  more  difficult.  I  did  not  see 
this  rock  myself,  but  got  my  information  from  some 
miners  I  met  in  the  interior,  who  described  it  as  being 
about  150  yards  down  from  the  head  and  a  little  to  the 
west  of  the  middle  of  the  channel.  In  low  water  it 
barely  projects  above  the  surface.  When  I  passed 
through  there  was  no  indication  of  it,  either  from  the 
bank   above   or  from   the  boat. 

The  distance  from  the  head  to  the  foot  of  the  canon 
Is  five-eighths  of  a  mile.  There  is  a  basin  about  mid- 
way in  it  about  150  yards  in  diameter.  This  basin  is 
circular  in  form,  with  steep,  sloping  sides  about  100 
feet  high.  The  lower  part  of  the  canon  is  much 
rougher  to  run  through  thi«n  the  upper  part,  the  fall 
being  apparently  much  greater.  The  side.s  are  gener- 
ally perpendicular,  about  80  to  100  feet  high,  and  con- 
sist of  basalt,  in  some  places  showing  hexagonal 
columns. 

18 


,  -••.' 


■;(',:, 


its 


<  li  (I 


274 


MINERAL  LAND   LAWS 


The  White  Horse  Rapias  are  about  three-eighths  of 
a  mile  long.  They  are  the  most  dangerous  rapids  on 
the  river,  and  are  never  run  through  in  boats  except 
by  accident.  They  are  confined  by  low  basaltic  banks, 
which,  at  the  foot,  suddenly  close  in  and  make  the 
channel  about  30  yards  wide.  It  is  here  the  danger 
lies,  as  there  is  a  sudden  drop,  and  the  water  rushes 
through  at  a  tremendous  rate,  leaping  and  seething 
like  a  cataract.  The  miners  have  constructed  a  port- 
age road  on  the  west  side,  and  put  down  rollways  in 
some  places  on  which  to  shove  their  boats  over.  They 
have  also  made  some  windlasses  with  which  to  haul 
their  boats  up  hill,  notably  one  at  the  foot  of  the 
canon.  This  roadway  and  the  windlasses  must  have 
cost  them  many  hours  of  hard  labor.  Should  it  ever 
be  necessary,  a  tramway  could  be  built  past  the  canon 
on  the  east  side  with  no  great  difficulty.  With  the 
exception  of  the  Five-Finger  Rapids,  these  appear  to 
be  the  only  serious  rapids  on  the  whole  length  of  the 
river. 

Five-Finger  Rapids  are  formed  by  several  islands 
standing  in  the  channel  and  backing  up  the  water  so 
much  as  to  raise  it  about  a  foot,  causing  a  swell  below 
for  a  few  yards.  The  islands  are  composed  of  a  con- 
glomerate rock,  similar  to  the  cliffs  on  each  side  of 
the  river,  whence  one  would  infer  that  there  has  been 
a  fall  here  in  past  ages.  For  about  two  miles  below 
the  rapids  there  Is  a  pretty  swift  current,  but  not 
enough  to  prevent  the  ascent  of  a  .steamboat  of  mod- 
erate power,  and  the  rapids  themselves  I  do  not  think 
would  present  any  serious  obstacle  to  the  ascent  of  a 
good  boat.  In  very  high  water,  warping  might  be  re- 
quired." Six  miles  below  these  rapids  are  what  are 
known  as  "Rink  Rapids."  This  is  simply  a  barrier 
of  rocks,  which  extends  from  the  westerly  side  of  the 
river  about  half  way  across.  Over  this  barrier  there 
is  a  ripple  which  would  offer  no  great  obstacle  to  the 
desceni.  of  a  good  canoe.  On  the  easterly  side  there  is 
no  ripple,  and  the  current  is  smooth  and  the  water 
apparently   deep.     I    tried   with    a   6-foot   paddle,    but 


!                          could  not  reach  the  bottom. 

Id 

« 

1 

Li 

OF  THE  UNITED  STATES. 


275 


■:,:&■' 
'.  if- 


SURVEY    OF    FORTY    MILE    RIVER    FROM    ITS 

MOUTH    TO    THE    INTERNATIONAL 

BOUNDARY. 

During-  the  progress  of  this  work  the  weather  was 
cold,  and  as  the  days  were  only  four  or  five  hours  long, 
the  progress  was  necessarily  slow,  so  that  I  did  not 
complete  the  survey  to  the  boundary  until  the  12th. 
The  distance  from  the  mouth  of  the  Forty  Mile  River 
up  It  to  the  boundary  is,  by  the  river,  twenty-three 
miles.  I  marked  the  intersection  of  the  river  by  the 
boundary  by  blazing  trees  on  both  sides  and  marked 
on  some  of  the  trees  the  letters  "A"  and  "C"  on  the 
west  and  east  sides,  respectively,  for  Alaska  and  Can- 
ada. 

The  natural  features  of  the  ground  here  afford  also 
a  good  mark.  On  the  north  side  of  the  river  two  small 
creeks  fall  into  the  Forty  Mile  River,  almost  together, 
and  between  them  there  is  a  sharp  rocky  mound  about 
150  feet  high.  [Boundary  Butte].  This  mound  stands 
where  the  boundary  crosses  the  river,  and  from  this 
point  one  can  see  northwards  ap  the  valleys  of  the 
creek  for  several  miles.  This  is  the  first  place  on  the 
river  where  such  a  distant  view  can  be  had. 


li- 


DESCRIPTION  OF  THE  YUKON,  ITS  AFFLUENT 
STREAMS,  AND  THE  ADJACENT  COUNTRY. 

I  will  now  give,  from  my  own  observation  and  from 
information  received,  a  more  detailed  description  of 
the  Lewes  River,  its  affluent  streams,  and  the  re- 
sources of  the  adjacent  country. 

For  the  purpose  of  navigation  a  description  of  the 
Lewes  River  begins  at  the  head  of  Lake  Bennet. 
Above  that  point,  and  between  it  and  TiUke  Lindeman, 
there  is  only  about  three-quarters  of  a  mMe  of  river, 
which  is  not  more  than  fifty  or  .sixty  yards  wide,  and 
two  or  three  feet  deep,  and  is  so  swift  and  rough  that 
navigation  is  out  of  the  question. 

Lake  Lindeman  is  about  five  miles  long  and  half  a 
mile  wide.    It  is  deep  enough   for   all    ordinary  pur- 


r 


j;ill 


276 


MINERAL    LAND   LAWS 


poses.  Lake  Bennet  is  twenty-six  and  a  quarter  miles 
long,  for  the  upper  fourteen  of  which  it  is  about  half 
a  mile  wide.  About  midway  in  its  length  an  arm 
comes  in  from  the  west,  which  Schwatka  appears  to 
have  mistaken  for  a  river,  and  named  Wheaton  River. 
This  arm  is  wider  than  the  other  arm  down  to  that 
point,  and  is  reported  by  Indians  to  be  longer  and 
heading  in  a  glacier  which  lies  in  the  pass  at  the  head 
of  Chilkoot  inlet.  This  arm  is,  as  far  as  seen,  sur- 
rounded by  high  mountains,  apparently  much  higher 
than  those  on  the  arm  we  traveled  down.  Below  the 
junction  of  the  two  arms  the  lake  is  about  one  and  a 
half  miles  wide,  with  deep  water.  Above  the  forks 
the  water  of  the  east  branch  is  muddy.  This  is  caused 
by  the  streams  from  the  numerous  glaciers  on  the 
head  of  the  tributaries  of  Lake  Lindeman. 

A  stream  which  flows  into  Lake  Bennet  at  the  south- 
west corner  is  also  very  dirty  and  has  shoaled  quite  a 
large  portion  of  the  lake  at  its  mouth.  The  beach  at 
the  lower  end  of  this  lake  is  comparatively  flat  and  the 
water  shoal.  A  deep,  wide  valley  extends  north- 
wards from  the  north  end  of  the  lake,  apparently 
reaching  to  the  canon,  or  a  short  distance  above  it. 
This  may  have  been  originally  a  course  for  the  waters 
of  the  river.  The  bottom  of  the  valley  is  wide  and 
sandy,  and  covered  with  scrubby  timber,  principally 
poplar  and  pitch-pine.  The  waters  of  the  lake  empty 
at  the  extreme  northeast  angle  through  a  channel  not 
more  than  one  hundred  yards  wide,  which  soon  ex- 
pands into  what  Schwatka  called  Lake  Nares.  [The 
connecting  waters  between  Lake  Bennet  and  Tagish 
Lake  constitute  what  is  now  called  Caribou  Crossing.] 
Through  this  narrow  channel  there  is  quite  a  current, 
and  more  than  7  feet  of  water,  as  a  6  foot  paddle  and 
a  foot  of  arm  added  to  its  length  did  not  reach  the 
bottom. 

The  hills  at  the  upper  end  of  Lake  Lindeman  rise 
abruptly  from  the  water's  edge.  At  the  lower  end 
they  are  neither  so  steep  nor  so  high. 

Lake  Nares  is  only  two  and  a  half  miles  long,  and  its 
greatest  width  is  about  a  mile;  it  is  not  deep,  but  is 
navigable  for  boats  drawing  5  or  G  feet  of  water;  it  is 
separated  from  Lake  Bennet  by  a  shallow  sandy  point 
of  not  more  than  200  yards  in  length. 

No  streams  of  any  consequence  empty  into  either  of 


OF  THE  UNITED  STATES. 


277 


of 


these  lakes.  A  small  river  flows  into  Lake  Bennet  on 
the  west  side,  a  short  distance  north  of  the  fork,  and 
another  at  the  extreme  northwest  angle,  but  neither 
of  them  is  of  any  consequence  in  a  navigable  sense. 

Lake  Nares  flows  through  a  narrow  curved  channel 
into  Bove  Lake  (Schwatka).  This  channel  is  not  more 
th  an  600  or  700  yards  long,  and  the  water  in  it  appears 
tc  be  sufllciently  deep  for  boats  that  could  navigate 
tJie  lake.  The  land  between  the  lakes  along  this  chan- 
rel  is  low,  swampy,  and  covered  with  willows,  and,  at 
the  stage  in  which  I  saw  it,  did  not  rise  more  than  3 
feet  above  the  water.  The  hills  on  the  southwest  side 
slope  up  easily,  and  are  not  high;  on  the  north  side 
the  deep  valley  already  referred  to  borders  it;  and  on 
the  east  side  the  mountains  rise  abruptly  from  the 
lake  shore. 

Bove  Lake  (called  Tagish  Lake  by  Dr.  Dawson)  is 
about  a  mile  wide  for  the  first-  two  miles  of  its  length, 
when  it  is  joined  by  what  the  miners  have  called  the 
Windy  Arm.  One  of  the  Tagish  Indians  informed  me 
they  called  it  Takone  Lake.  Here  the  lake  expands  to 
a  width  of  two  miles  for  a  distance  of  some  three 
miles,  when  it  suddenly  narrows  to  about  half  a  mile 
for  a  distance  of  a  little  over  a  mile,  after  which  it 
widens  again  to  about  a  mile  and  a  half  or  more. 

Ten  miles  from  the  head  of  the  lake  it  is  joined  by 
the  Taku  Arm  from  the  south.  This  arm  must  be  of 
considerable  length,  as  it  can  be  seen  from  a  long  dis- 
tance, and  its  valley  can  be  traced  through  the  moun- 
tains much  farther  than  the  lake  itself  can  be  seen. 
It  is  apparently  over  a  mile  wide  at  its  mouth  or  junc- 
tion. 

Dr.  Dawson  includes  Bove  Lake  and  these  two  arms 
under  the  common  name  of  Tagish  Lake.  This  is 
much  more  simple  and  comprehensive  than  the  var- 
ious names  given  them  by  travelers.  These  waters 
collectively  are  the  fishing  and  hunting  grounds  of  the 
Tagish  Indians,  and  as  they  are  really  one  body  of 
water,  there  is  no  reason  why  they  should  not  be  all 
included  under  one  name. 

From  the  junction  with  Taku  Arm  to  the  north  end 
of  the  lake  the  distance  is  about  six  miles,  the  greater 
part  being  over  two  miles  wide.  The  west  side  is  very 
flat  and  shallow,  so  much  so  that  it  was  impossible  in 
many  places  to  get  our  canoes  to  the  shore,  and  quite 


i   I 


'f  t 

^       (1 


I  ' 


878 


MINERAL   LAND    LAWS 


a  distance  out  in  the  lake  there  was  not  more  than 
6  feet  of  water.  The  members  of  my  party  who  were 
in  charge  of  the  large  boat  and  outfit  went  down  the 
east  side  of  the  lake  and  reported  the  depth  about  the 
same  as  I  found  on  the  west  side,  with  many  large 
rocks.  They  passed  through  it  in  the  night  in  a  rain 
storm,  and  were  much  alarmed  for  the  safety  of  the 
boat  and  provisions.  It  would  appear  that  this  part  of 
the  lake  requires  some  improvement  to  make  it  In 
keeping  with  the  rest  of  the  water  system  with  which 
it  is  connected. 

Where  the  river  debouches  from  it,  it  is  about  150 
yards  wide,  and  for  a  short  distance  not  more  than  5 
or  6  feet  deep.  The  depth  is,  however,  soon  increased 
to  10  feet  or  more,  and  so  continues  down  to  what 
Schwatka  calls  Marsh  Lake.  The  miners  call  it  Mud 
Lake,  but  on  this  name  they  do  not  appear  to  be 
agreed,  many  of  them  calling  the  lower  part  of  Tagish 
or  Bove  Lake  "Mud  Lake,"  on  account  of  its  shal- 
lowness and  flat  muddy  shores,  as  seen  along  the  west 
side,  the  side  nearly  always  traveled,  as  it  is  more 
sheltered  from  the  prevailing  southerly  winds.  The 
term  "Mud  Lake"  is,  however,  not  applicable  to  this 
lake,  as  only  a  comparatively  small  part  of  it  Is  shal- 
low or  muddy;  and  it  is  nearly  as  inapplicable  to 
Marsh  Lake,  as  the  latter  is  not  markedly  muddy 
along  the  west  side,  and  from  the  appearance  of  the 
east  shore  one  would  not  judge  it  to  be  so,  as  the 
banks  appear  to  be  high  and  gravelly. 

Marsh  Lake  is  a  little  over  19  miles  long,  and  aver- 
ages about  two  miles  in  width.  I  tried  to  determine 
the  width  of  it  as  I  went  along  with  my  survey,  by 
taking  azimuths  of  points  on  the  eastern  shore  from 
different  stations  of  the  survey;  but  in  only  one  case 
did  I  succeed,  as  there  were  no  prominent  marks  on 
that  shore  which  could  be  identified  from  more  than 
one  place.  The  piece  of  river  connecting  Tagish  and 
Marsh  Lakes  is  about  five  miles  long,  and  averages 
150  to  200  yards  in  width,  and,  as  already  mentioned,  is 
deep,  except  for  a  short  distance  at  the  head.  On  it 
are  situated  the  only  Indian  houses  to  be  found  in 
the  interior  with  any  pretention  to  skill  in  construc- 
tion. They  show  much  more  labor  and  imitativeness 
than  one  knowing  anything  about  the  Indian  in  his 
native  state  would  expect.    The  plan  is  evidently  taken 


OP  THE  UKITED  STATES. 


m 


4,1 


from  the  Indian  houses  on  the  coast,  which  appear  to 
me  to  be  a  poor  copy  of  the  liovises  wliich  the  Hudson's 
Bay  Company's  servants  build  around  their  trading: 
posts.  These  houses  do  not  appear  to  have  been  used 
for  some  time  past,  and  are  almost  in  ruins.  The 
Tagish  Indians  are  now  generally  on  the  coast,  aa 
they  find  it  m"ch  easier  to  live  there  than  in  their 
own  country.  As  a  matter  of  fact,  what  they  make  in 
their  own  country  is  taken  from  them  by  the  Coast 
Indians,  so  that  there  is  little  inducemetit  for  them 
to  remain. 

The  Lewes  River,  where  it  leaves  Marsh  Lake,  is 
about  200  yards  wide,  and  averages  this  width  as  far 
as  the  canon.  I  did  not  try  to  find  bottom  anywhere 
as  I  went  along,  except  where  I  had  reason  to  think 
it  shallow,  and  there  I  always  tried  with  my  paddle. 
I  did  not  anywhere  find  bottom  with  this,  which  shows 
that  there  is  no  part  of  this  stretch  of  the  river  with 
less  than  six  feet  of  water  at  medium  height,  at  which 
stage  it  appeared  tg  me  the  river  was  at  that  time. 

From  the  head  of  Lake  Bennet  to  the  canon  the  cor- 
rected distance  is  ninety-five  miles,  all  of  which  is 
navigable  for  boats  drawing  5  feet  or  more.  Add  to 
this  the  westerly  arm  of  Lake  Bennet,  and  the  Takone 
or  Windy  Arm  of  Tagish  Lake,  each  about  fifteen 
miles  in  length,  and  the  Taku  Arm  of  the  latter  lake, 
of  unknown  length,  but  probably  not  less  than  thirty 
miles,  and  we  had  a  stretch  of  water  of  upwards  of 
one  hundred  miles  in  length,  all  easily  navigable;  and, 
as  has  been  pointed  out,  easily  connected  with  Taiya 
Inlet  through  the  White  Pass. 

No  streams  of  any  importance  enter  any  of  these 
lakes  so  far  as  I  know.  A  river,  called  by  Schwatka 
"McClintock  River,"  enters  Marsh  Lake  at  the  lower 
end  from  the  east.  It  occupies  a  large  valley,  as  seen 
from  the  westerly  side  of  the  lake,  but  the  stream  is 
apparently  unimportant.  Another  small  stream,  appar- 
ently only  a  creek,  enters  the  southeast  angle  of  the 
lake.  It  is  not  probable  that  any  stream  coming  from 
the  east  side  of  the  lake  is  of  importance,  as  the  strip 
of  country  between  the  Lewes  and  Teslintoo  is  not 
more  than  thirty  or  forty  miles  in  width  at  this  point. 

The  Taku  Arm  of  Tagish  Lake  is,  so  far,  with  the 
exception  of  reports  from  Indians,  unknown;  but  It 
is   equally  improbable   that  any  river   of  importance 


'i 

■ 


!      ! 


280 


MINERAL   LAND    LAWS 


ii 


J I 


enters  it,  as  It  Is  so  near  the  source  of  waters  flowing 
nortiiwards.  However,  tliis  is  a  question  tliat  can  only 
be  decided  by  a  proper  exploration.  The  canon  I  have 
already  described,  and  willonly  add  that  it  is  flve- 
eighths  of  a  mile  long,  about  100  feet  wide,  with  per- 
pendicular banks  of  basaltic  rock  from  60  to  100  feet 
high. 

Below  the  canon  proper  there  is  a  stretch  of  rapids 
for  about  a  mile;  then  about  half  a  mile  of  smooth 
water,  following  which  are  the  Whit  Rapids,  which 
are  three-eighths  of  a  mile  long,  and      isafe  for  boats. 

The  total  fall  in  the  canon  and  .s  ceeding  rapids 
was  measured  and  found  to  be  32  feet.  Were  it  ever 
necessary  to  make  this  part  of  the  river  navigable  it 
will  be  no  easy  task  to  overcome  the  obstacles  at  this 
point;  but  a  tram  or  railway  could,  with  very  little 
difficulty,  be  constructed  along  the  east  side  of  the 
river  past  the  canon. 

For  some  distance  below  the  White  Hcse  Rapids 
the  current  is  swift  and  the  rivor  wide,  with  many 
gravel  bars.  The  reach  between  these  rapids  and 
Lake  Labarge,  a  distance  of  twenty-seven  and  a  half 
miles,  is  all  smooth  water,  with  a  strong  current.  The 
average  width  is  about  150  yards.  There  is  no  impedi- 
ment to  navigation  other  than  the  swift  current,  and 
this  is  no  stronger  than  on  the  lower  part  of  the  river, 
which  is  already  navigated;  nor  is  it  worse  thaa  the 
Saskatchewan  and  Red  Rivers  in  the  more  eastern 
part  of  our  territory. 

About  midway  in  this  stretch  the  Tahkeena  River 
(formerly  used  by  the  Chilkat  Indians  as  a  means  of 
reaching  the  interior,  but  never  by  the  miners,  owing 
to  the  distance  from  the  sea  to  its  head)  joins  the 
Lewes.  This  river  is,  apparently,  about  half  the  size 
of  the  latter.  Its  waters  are  muddy,  indicating  its 
passage  through  a  clayey  district.  I  got  some  indefi- 
nite information  about  this  river  from  an  Indian  who 
happened  to  meet  me  just  below  its  mouth,  but  I  could 
not  readily  make  him  understand  me,  and  his  replies 
were  a  compound  of  Chinook,  Tagish,  and  signs,  and 
therefore  largely  unintelligible.  From  what  I  could 
understand  with  any  certainty,  the  river  was  easy  to 
descend,  there  being  no  bad  rapids,  .and  it  came  out 
of  a  lake  much  larger  than  any  I  had  yet  passed. 


OF  TUB  UNITED  STATES. 


281 


Lake  Labarge  is  thirty-one  miles  long.  Tn  the  upper 
thirteen  it  yaries  from  three  to  four  miles  in  widtli; 
it  then  narrows  to  about  two  miles  for  a  distance  of 
seven  miles,  when  it  begins  to  widen  again,  and  gradu- 
ally expands  to  about  two  and  a  half  or  three  miles, 
the  lower  six  miles  of  it  maintaining  the  latter  width. 
The  survey  was  carried  along  the  western  shore,  and 
while  so  engaged  I  determined  the  width  of  the  upper 
wide  part  by  triangulation  at  two  points,  the  width  of 
the  narrow  middle  part  at  three  points,  and  the  width 
of  the  lower  part  at  three  points.  Dr.  Dawson  on  his 
way  out  made  a  track  survey  of  the  eastern  shore.  The 
western  shore  is  irregular  in  many  places,  being  in- 
dented by  large  bays,  especially  at  the  upper  and  lower 
ends.  These  bays  are,  as  a  rule,  shallow,  more  espe- 
cially those  at  the  lower  end. 

Just  above  where  the  lake  narrows  in  the  middle 
there  is  a  large  island.  It  is  three  and  a  half  miles 
long  and  about  half  a  mile  in  width.  It  is  shown  on 
Schwatka's  map  as  a  peninsula,  and  called  by  him 
Richtofen  Rocks.  How  he  came  to  think  it  a  penin- 
sula I  cannot  understand,  as  it  is  well  out  in  the 
lake;  the  nearest  point  of  it  to  the  western  shore  is 
upwards  of  a  half  a  mile  distant,  and  the  extreme 
width  of  the  lake  here  is  not  more  than  five  miles, 
which  includes  the  depth  of  the  deepest  bays  on  the 
western  side.  It  is  therefore  difficult  to  understand 
that  he  did  not  see  it  as  an  island.  The  upper  half  of 
this  island  is  gravelly,  and  does  not  rise  very  high 
above  the  lake.  The  lower  end  is  rocky  and  high,  the 
rock  being  of  a  bright  red  color. 

At  the  lower  end  of  the  lake  there  is  a  large  valley 
extending  northwards,  which  has  evidently  at  one 
time  been  the  outlet  of  the  lake.  Dr.  Dawson  has 
noted  it  and  its  peculiarities.  His  remarks  regarding 
it  will  be  found  on  pages  156-160  of  his  report  entitled 
"Yukon  District  and  Northern  portion  of  British  Co- 
lumbia," published  in  1889. 

The  width  of  the*Lewes  River  as  it  leaves  the  lake 
is  the  same  as  at  its  entrance,  about  200  yards.  Its 
waters  when  I  was  there  were  murky.  This  is  caused 
by  the  action  of  the  waves  on  the  shore  along  the 
tower  end  of  the  lake.  The  water  at  the  upper  end 
and  at  the  middle  of  the  lake  is  quite  ^clear,  so  much 


tl 

,     i    r. 

S82 


MINERAL   LAND   LAWS 


i!'; 


f  ill- 1; 


I    IM 


SO  that  the  bottom  can  be  distinctly  seen  at  a  depth 
of  6  or  7  feet.  The  wind  blows  almost  constantly 
down  this  lake,  and  in  a  high  wind  it  gets  very  rough. 
The  miners  complain  of  much  detention  owing  to  this 
cause,  and  certainly  I  cannot  complain  of  a  lack  of 
wind  while  I  was  on  the  lake.  This  lake  was  named 
after  one  Mike  Labarge,  who  was  engaged  by  the 
Western  Union  Telegraph  Company,  exploring  the 
river  and  adjacent  country  for  the  purpose  of  con- 
necting Europe  and  America  by  telegraph  through 
British  Columbia,  and  Alaska,  and  across  Bering 
Strait  to  Asia,  and  thence  to  Europe.  This  explora- 
tion took  place  in  1867,  but  it  does  not  appear  that  La- 
barge  then,  nor  for  some  years  after,  saw  the  lake 
called  by  his  name.  The  successfur  laying  of  the  At- 
lantic cable  in  1866  put  a  stop  to  this  project,  and  the 
exploring  parties  sent  out  were  recalled  as  soon  as 
word  could  be  got  to  them.  It  seems  that  Labarge 
had  got  up  as  far  as  the  Pelly  before  he  received  his 
recall;  he  had  heard  something  of  a  large  lake  some 
distance  further  up  the  river,  and  afterwards  spoke  of 
it  to  some  traders  and  miners  who  called  it  after  him. 
After  leaving  Lake  Labarge  the  river,  for  a  distance 
of  about  five  miles,  preserves  a  generally  uniform 
width  and  an  easy  current  of  about  four  miles  per 
hour.  It  then  makes  a  short  turn  round  a  low  gravel 
point,  and  flows  in  exactly  the  opposite  of  its  general 
course  for  a  mile,  when  it  again  turns  sharply  to  its 
general  direction.  The  current  around  this  curve  and 
for  some  distance  below  it— in  all  four  or  five  miles— 
is  very  swift.  I  timed  it  in  several  places  and  found 
it  from  six  to  seven  miles  an  hour.  It  then  moderates 
to  four  or  five,  and  continues  so  until  the  Teslintoo 
River  is  reached,  thirty-one  and  seven-tenths  miles 
from  Lake  Labarge.  The  average  width  of  this  part 
of  the  river  is  about  150  yards,  and  the  depth  is  suf- 
ficient to  afCord  passage  for  boats  drawing  at  least  5 
feet.  It  is,  as  a  rule,  crooked,  and  consequently  a  lit- 
tle difficult  to  navigate.^ 


1  Tho  limiteil  t-'nount  of  prospeotinj?  that  has  been  done  on 
tbis  rlvor  is  suid  to  be  vei-y  sutisfuotory,  flue  gold  haTlntr  been 
found  In  all  parts  of  the  river.  The  lack  of  supplies  Is  the 
great  drawback  to  its  development,  and  this  will  not  be  ovcr- 
coino  to  any  extent  until  by  some  means  heavy  freight  can  be 
brought  o'.  (V  the  coast  range  to  the  head  of  the  river.    Indeed, 


OP  THE  UNITED  STATES. 


283 


The  Teslintoo  was  so  called  by  Dr.  Dawson— this,  ac- 
cording to  information  obtained  by  him,  being  the  In- 
dian name.  It  is  called  by  the  miners  "Hootalinkwa" 
or  "Hotalinqua,"  and  was  called  by  Schwatka,  who  ap- 
pears to  hav.  bestowed  no  other  attention  to  it,  the 
Newberry,  rUhough  it  is  apparently  much  larger  than 
the  Lewes  This  was  so  apparent  that  in  my  interim 
reports  I  stated  it  as  a  fact.  Owing  to  circumstances 
already  narrated,  I  had  not  time  while  at  the  mouth  to 
make  any  measurements  to  determine  the  relative  size 
of  the  rivers;  but  on  his  way  out  Dr.  Dawson  made 
these  measurements,  and  his  report,  before  referred 
to,  gives  the  following  values  of  the  cross  sections  of 
each  stream:  Lewes,  3,015  feet;  Teslintoo,  3,809  feet. 
In  the  same  connection  he  states  that  the  Lewes  ap- 
peared to  be  about  1  foot  above  its  lowest  summer 
level,  while  the  Teslintoo  appeared  to  be  at  its  lowest 
level.  Assuming  this  to  be  so,  and  taking  his  widths 
as  our  data,  it  would  reduce  his  cross  section  of  the 
Lewes  to  2,595  feet.  Owing,  however,  to  the  current 
in  the  Lewes,  as  determined  by  Dr.  Dawson,  being 
just  double  that  of  the  Teslintoo,  the  figures  being  5.68 
and  2.88  miles  per  hour,  respectively,  the  discharge 
of  the  Lewes,  taking  these  figures  again,  is  18,644  feet, 
and  of  the  Teslintoo  11,436  feet.  To  reduce  the  Lewes 
to  its  lowest  level  the  doctor  says  would  make  its  dis- 
charge 15,600  feet. 

The  water  of  the  Teslintoo  is  of  a  dark  brown  color, 
similar  in  appearance  to  the  Ottawa  River  water,  and 
a  little  turbid.  Notwithstanding  the  difference  of  vol- 
ume of  discharge,  the  Teslintoo  changes  completely 
the  character  of  the  river  below  the  junction,  and  a 
person  coming  up  the  river  would,  at  the  forks,  unhesi- 
tatingly pronounce  the  Teslintoo  the  main  stream.  The 
water  of  the  Lewes  is  blue  in  color,  and  at  the  time  I 
speak  of  was  somewhat  dirty— not  enough  so,  how- 
ever, to  prevent  one  seeing  to  a  depth  of  two  or  three 
feet. 


i 

:  >  if'  II 

1. 


m 


li 


w. 


i 


W 


owiniBf  to  the  difflcultleH  attendinp  access  and  transportntlon, 
the  great  drawback  to  the  entire  Yukon  district  at  present  la 
tlie  v»ant  of  heavy  mining  inachiner.v  and  the  8carclt.v  of  sup- 
plies. The  tfovernment  helnpr  aware  of  the  requirements  and 
piisHlhllltlea  o<*  the  countr.v.  has  undertaken  the  ♦^ask  of  making 
prellmlnarj-  surve.vs  for  trails  and  railroads,  and  no  doubt  In 
the  near  future  the  avenue  for  better  and  quicker  transporta- 
tion (aollitietii  win  be  opened  up,  % 


^ 


MINERAL   LAND   LAWS 


'  Si 


I)      i 


Between  the  Teslintoo  and  the  Big  Salmon,  so  called 
by  the  miners,  or  D'Abbadie  by  Schwatka,  the  distance 
is  thirty-three  and  a  half  miles,  in  which  the  Lewes 
preserves  a  generally  uniform  width  and  current.  For 
a  few  miles  below  the  Teslintoo  it  is  a  little  over  the 
ordinary  width,  but  then  contracts  to  about  two  hun- 
dred yards  which  it  maintains  with  little  variation. 
The  current  is  genei'ally  from  four  to  five  miles  per 
hour. 

*      *      *       nt      * 

Just  below  the  Big  Salmon  the  Lewes  takes  a  bend 
of  nearly  a  right  angle.  Its  course  from  the  junction 
with  the  Tahkeena  to  this  point  is  generally  a  little 
east  of  north;  at  this  point  it  turns  to  nearly  west  for 
some  distance.  Its  course  between  here  and  its  con- 
fluence with  the  Pelly  is  northwest,  and,  I  may  add. 
It  preserves  this  general  direction  down  to  the  con- 
fluence with  the  Porcupine.  The  river  also  changes  in 
another  respect;  it  Is  generally  wider,  and  often  ex- 
pands into  what  m'ght  be  called  lakes,  in  which  are 
islands.  Some  of  the  lakes  are  of  Considerable  length, 
and  well  timberc/. 

To  determine  which  channel  is  the  main  one,  that  is, 
which  carries  the  greatest  volume  of  water,  or  is  best 
available  for  the  purposes  of  navigation,  among  these 
Islands,  would  require  more  time  than  I  could  devote 
to  it  on  my  way  down;  consequently  I  cannot  say 
more  than  that  I  have  no  reason  to  doubt  that  a  chan- 
nel giving  six  feet  or  more  of  water  could  easily  be 
found.  Whenever,  in  the  main  channel,  I  had  reason 
to  think  the  \/ater  shallow,  I  tried  it  with  my  paddle, 
but  always  failed  to  find  bottom,  which  gives  upwards 
of  six  feet.  Of  course  I  often  found  less  than  this,  but 
not  in  what  I  considered  the  main  channel. 

Thirty-six  and  a  quarter  miles  below  the  Big  Salmon, 
the  Little  Salmon— the  Daly  of  Schwatka— enters  the 
Lewes.  This  river  is  about  60  yards  wide  at  the 
mouth,  and  not  more  than  two  or  three  feet  in  depth. 
The  water  is  clear  and  of  a  brownish  hue;  there  Is 
not  much  current  at  the  mouth,  nor  as  far  as  can  be 
seen  up  the  stream.  The  valley,  which  from  the 
mouth,  does  not  appear  extensive,  bears  northeast 
for  some  distance,  when  it  appears  to  turn  more  to 
the  east.  Six  or  seven  miles  up,  and  apparently  on  the 
north  side,   some  high  cliffs  of  red  rock,  apparently 


OF  THE  UNITED  STATES. 


285 


granite,  can  be  seen.  It  is  said  tiiat  some  miners  hr.ve 
prospected  this  stream,  but  I  could  learn  nothing  defi- 
nite about  it. 

Lewes  River  makes  a  turn  here  to  the  southwest, 
and  runs  in  that  direction  six  miles,  when  it  again 
turns  to  the  northwest  for  seven  miles,  and  then 
makes  a  short,  sharp  turn  to  the  south  and  west 
around  a  low  sandy  point,  which  will,  at  some  day  in 
the  near  future,  be  cut  through  by  the  current,  which 
will  shorten  the  river  three  or  four  miles. 

Eight  miles  below  Little  Salmon  River,  a  large  rock 
called  the  Eagle's  Nest,  stands  up  in  a  gravel  slope  on 
the  easterly  bank  of  the  river.  It  rises  about  five 
hundred  feet  above  the  river,  and  is  composed  of  a 
light  gray  stone.  What  the  character  of  this  rock  is 
I  could  not  observe,  as  I  saw  it  only  from  the  river, 
which  is  about  a  quarter  of  a  mile  distant.  On  the 
westerly  side  of  the  river  there  are  two  or  three  other 
isolated  masses  of  apparently  the  same  kind  of  rock. 
One  of  them  might  appropriately  be  called  a  mountain; 
it  is  southwest  from  the  Eagle's  Nest  and  distant 
from  it  about  three  miles. 

Thirty-two  miles  below  Eagle's  Nest  Rock,  Nordens- 
kiold  River  enters  from  the  west.  It  is  an  unimportant 
stream,  being  not  more  than  one  hundred  and  twenty 
feet  wide  at  the  mouth,  and  only  a  few  inches  deep. 
The  valley,  as  far  as  can  be  seen,  is  not  extensive, 
and,  being  very  crooked,  it  is  hard  to  tell  what  its  gen- 
eral direction  is. 

The  Lewes,  between  the  Little  Salmon  and  the  Nor- 
denskiold,  maintains  a  width  of  from  two  to  three 
hundred  yards,  with  an  occasional  expansion  where 
there  are  islands.  It  is  serpentine  in  its  course  moat 
of  the  way,  and  where  the  Nordenskiold  joins  it  is 
very  crooked,  running  several  times  under  a  hill, 
named  by  Schwatka  Tantalus  Butte,  and  in  other 
places  leaving  it,  for  a  distance  of  eight  miles.  The 
distance  across  from  point  to  point  is  only  half  a 
mile,  t 

Below  this  to  Five  Finder  Rapids,  so  nailed  from 
the  fact  that  five  large  masses  of  rock  stand  in  mid- 
channel,  the  river  assumes  its  ordinary  straightness 
and  width,  with  a  current  from  four  to  (ive  miles  per 
hour.  I  have  already  described  PMve  I'Mnger  Rapids; 
I  do  not  think  they  will  prove  anything  more  than  a 


286 


MINERAL   LAND   LAWS 


slight  Obstruction  in  the  navigation  of  the  river.  A 
bnat  of  ordinary  power  would  probably  have  to  help 
herseir  up  with  windlass  and  line  in  high  water. 

Below  the  rapids,  for  about  two  miles,  the  current  is 
strong— probably  six  miles  per  hour— but  the  water 
seems  to  be  deep  enough  for  any  boat  that  is  likely  to 
navigate  it. 

Six  miles  below  this,  as  already  noticed,  Rink  Rap- 
ids are  situated.  They  are  of  no  great  importance,  the 
westerly  half  of  the  stream  only  being  obstructed. 
The  easterly  is  not  in  any  way  afCected,  the  current 
being  smooth  and  the  water  deep. 


'  Between  Five  Finger  Rapids  and  Pelly  River,  fifty- 
eight  and  a  half  miles,  no  streams  of  any  importance 
enter  the  Lewes;  in  fact,  with  the  exception  of  the 
Tatshun,  it  may  be  said  that  none  at  all  enter. 

About  a  mile  below  Rink  Rapids  the  river  spreads 
out  into  a  lake-like  expanse,  with  many  islands;  this 
continues  for  about  three  miles,  when  it  contracts  to 
something  like  the  usual  width;  but  bars  and  small 
islands  are  very  numerous  all  the  way  to  Pelly  River, 
About  five  miles  above  Pelly  River  there  Is  another 
lake-like  expanse  filled  with  islands.  The  river  here 
for  three  or  four  miles  is  nearly  a  mile  wide,  and  so 
numerous  and  close  are  the  islands  that  it  is  impossible 
to  tell  when  floating  among  them  where  the  shores 
of  the  river  are.  The  current,  too,  is  swift,  leading  one 
to  suppose  the  water  shallow;  but  I  think  even  here 
a  channel  deep  enough  for  such  boats  as  will  navigate 
this  part  of  the  river  can  be  found.  Schwatka  named 
this  group  of  islands  "Ingersoll  Islands." 

At  the  mouth  of  the  Pelly  the  Lewes  is  about  half  a 
mile  wide,  and  here  too  there  are  many  islands,  but 
not  in  groups  as  at  Ingersoll  Islands. 

About  a  mile  below  the  Pelly,  just  at  the  ruins  of 
Fort  Selkirk,  the  Yukon  was  found  to  be  565  yards 
wide;  about  two-thirds  being  ten  feet  deep,  with  a  cur- 
rent of  about  four  and  three-quarters  miles  per  hour; 
the  remaining  third  was  more  than  half  taken  up  by  a 
bar,  and  the  current  between  it  and  the  south  shore 
was  very  slack. 

Pelly  River  at  its  mouth  is  about  two  hundred  yards 
wide,  and  continues  this  width  as  far  up  as  could  be 


OF  THE  UNITED  STATES. 


287 


seen.  Dr.  Dawson  made  a  survey  and  examination  of 
this  river,  which  will  be  found  in  his  report  already 
cited,  "Yukon  District  and  Northern  British  Colum- 
bia." 

Just  here  for  a  short  distance  the  course  of  the 
Yukon  is  nearly  west,  and  on  the  south  side,  about  a 
mile  below  the  mouth  of  the  Lewes,  stands  all  that 
remains  of  the  only  trading-  post  ever  built  by  white 
men  in  the  district.  This  post  was  established  by  Rob- 
ert Campbell,  for  the  Hudson's  Bay  Company,  in  the 
summer  of  1848.  It  was  first  built  on  the  point  of  land 
between  the  two  rivers,  but  this  location  proving  un- 
tenable on  account  of  flooding  by  ice  jams  in  the 
spring,  it  was,  in  the  season  of  1852,  moved  across  the 
river  to  where  the  ruins  now  stand.  It  appears  that 
the  houses  composing  the  post  were  not  finished  when 
the  Indians  from  the  coast  on  Chilkat  and  Chilkoot 
Inlets  came  down  the  river  to  put  a  stop  to  the  com- 
petitive trade  which  Mr.  Campbell  had  inaugurated, 
and  which  they  found  to  seriously  interfere  with  their 
profits.  Their  method  of  trade  appears  to  have  been 
then  pretty  much  as  it  is  now— very  one-sided.  What 
they  found  it  convenient  to  take  by  force  they  took, 
and  what  it  was  convenient  to  pay  for  at  their  own 
price  they  paid  for. 

Rvmors  had  reached  the  post  that  the  coast  Indians 
contemplated  such  a  raid,  and  in  consequence  the  na- 
tive Indians  in  the  vicinity  remained  about  nearly  all 
summer.  Unfortunately,  they  went  away  for  a  short 
time,  and  during  their  absence  the  coast  Indians  ar- 
rived in  the  early  morning,  and  surprised  Mr.  Camp- 
bell in  bed.  They  were  not  at  all  rough  with  him,  but 
gave  him  the  privilege  of  leaving-  the  place  within 
twenty-four  hours,  after  which  he  was  informed  that 
he  was  liable  to  be  shot  if  seen  by  Ihem  in  the  locality. 
They  then  pillaged  the  place  and  set  fire  to  it,  leaving 
nothing  but  the  remains  of  the  two  chimneys  which 
are  still  standing.  This  raid  and  capture  took  place  on 
the  1st  of  August,  1852. 


1     I 


t 


rds 
toe 


*      ♦       ♦      *      ♦ 

Nothing  more  was  ever  done  in  the  vicinity  of  Fort 

Selkirk  by    the   Hudson's   Bay    Company    after    these 

events,  and  in  1869  the  Company  was  ordered  by  Capt. 

Charles    W.    Raymond,    who    represented    the    United 


288 


MINERAL   LAND   LAWS 


States  Government,  to  evacuate  the  post  at  Fort  Yu- 
kon, he  having  found  that  it  was  west  of  the  141st 
meridian.  The  post  was  occupied  by  the  Company, 
however,  for  some  time  after  the  receipt  of  this  order, 
and  until  Rampart  House  was  built,  which  was  in- 
tended to  be  on  British  territory,  and  to  take  the  trade 
previously  done  at  Fort  Yukon.^ 

*  *       *       *       * 

Below  Fort  Selkirk,  the  Yukon  River  is  from  five  to 
six  hundred  yards  broad,  and  r-  intains  this  widih 
down  to  White  River,  a  distance  of  ninety-six  miles. 
Islands  are  numerous,  so  much  so  that  there  are  very 
few  parts  of  the  river  where  there  are  not  one  or  more 
in  sight.  Many  of  them  are  of  considerable  size,  and 
nearly  all  of  them  are  well  timbered.  Bars  are  also 
numerous,  but  almost  all  are  composed  of  gravel,  so 
that  navigators  will  not  have  to  complain  of  shifting 
sand  bars.  The  current  as  a  general  thing,  is  not  so 
rppid  as  in  the  upper  part  of  the  river,  averaging 
about  four  miles  per  hour.  The  depth  in  the  main 
channel  was  always  found  to  be  more  than  six  feet. 

From  Pelly  River  to  within  twelve  miles  of  White 
River  the  general  course  of  the  river  is  a  little  north 
of  west;  it  then  turns  to  the  north,  and  the  general 
course  as  far  as  the  site  of  Fort  Reliance  is  due  north. 

White  River  enters  the  main  river  from  the  west. 
At  the  mouth  it  is  about  two  hundred  yards  wide,  but 
a  great  part  of  it  is  filled  with  ever-shifting  sand-bars, 
the  main  volume  of  water  being  confined  to  a  channel 
not  more  than  one  hundred  yards  in  width.  The  cur- 
rent is  very  strong,  certainly  not  less  than  eight  miles 
per  hour.  The  color  of  the  water  bears  witness  to  this, 
as  it  is  much  the  muddiest  that  I  have  ever  seen. 

*  *       *       *       1^ 

Between  White  and  Stewart  Rivers,  ten  miles,  the 
river  spreads  out  to  a  mile  and  upwards  in  width,  and 
is  a  maze  of  islands  and  bars.  The  survey  was  car- 
ried down  the  easterly  shore,  and  many  of  the  chan- 
nels passed  through  barely  afforded  water  enough  to 
float  the  canoes.  The  main  channel  is  along  the  west- 
erly shore,  down  which  the  large  boat  went,  and  the 
crew  reported  plenty  of  water. 

1  Fort  Ht'lljJrk  la  now  occupied  I>y  the  North  Aiuerlcan  Traus- 
jjoi'tatiou  and  Trading  Company  as  a  wiuttu-  station. 


OP  THE  UNITED  STATES. 


280 


Stewart  River  enters  from  the  east  in  the  middle  of 
a  wide  valley,  with  low  hills  on  both  sides,  rising?  on 
the  north  side  in  steps  or  terraces  to  distant  hills  of 
considerable  height.  The  river  half  a  mile  or  so  above 
the  mouth,  is  two  hundred  yards  in  width.  The  cur- 
rent is  slack  and  the  water  shallow  and  clear,  but 
dark  colored. 

*  *  m  :)(  *  * 

From  Stewart  River  to  the  site  of  Fort  Reliance, 
seventy-three  and  a  quarter  miles,  the  Yukon  is  broad 
and  full  of  islands.  The  average  width  is  between  a 
half  and  three-quarters  of  a  mile,  but  there  are  many 
expansions  where  it  is  over  a  mile  in  breadth;  how- 
ever, in  these  places  it  cannot  be  said  that  the  water- 
way is  wider  than  at  other  parts  of  the  river,  the 
islands  being  so  large  and  numerous.  In  this  reach 
no  streams  of  any  importance  enter. 

About  thirteen  miles  below  Stewart  River  a  large 
valley  joins  that  of  the  river,  but  the  stream  occupying 
it  is  only  a  large  creek. 

Twenty-two  and  a  half  miles  from  Stewart  River 
another  and  larger  creek  enters  from  the  same  side; 
it  agrees  with  the  description  of  Sixty  Mile  Creek,^ 
and  I  have  so  marked  it  on  my  map.  This  stream  is  of 
no  importance  except  for  what  mineral  wealth  may  be 
found  in  it. 

Six  and  a  half  miles  above  Fort  Reliance  the  Thron- 
Diuck  River  of  the  Indians  (Deer  River  of  Schwatka) 
[now  known  as  the  Klondike]  enters  from  the  east.  It 
is  a  small  river  about  forty  yards  wide  at  the  mouth, 
and  shallow;  the  water  is  clear  and  transparent  and 
of  beautiful  blue  color.  The  Indians  catch  great  num- 
bers of  salmon  here.  They  had  been  fishing  shortly 
before  my  arrival,  and  the  river,  for  some  distance  up, 
was  full  of  salmon  traps. 

A  miner  had  prospected  up  this  river  for  an  esti- 


I 


1  Sixty  Mile  Creok  is  about  one  hundred  miles  long  very 
crooked,  with  a  swift  current  and  many  rapids,  and  Is  there- 
fore not  easy  to  ascend.  Miller.  Glacier.  Gold.  Little  Gold,  and 
Bedrock  creeks  are  all  tributaries  of  Sixty  Mile.  Some  of  tlie 
richest  discoveries  in  gold  so  far  made  in  the  interior  since 
1894  have  been  upon  these  creeks,  and  especially  has  this  been 
the  case  upon  the  two  first  mentioned.  There  is  a  claim  upon 
Miller  Creek,  owned  by  Joseph  Boudreau.  from  which  over  $100.- 
000  worth  of  gold  Is  said  to  have  ])een  taken  out.  Indian  Greek 
enters  the  Yukon  from  the  east  about  thil'ty  miles  below  Sixty 
Mile. 

19 


280 


MINERAL   LAND    LAWS 


til '  > 


iil 


mated  distance  of  forty  miles,  in  the  season  of  1887. 
I  did  not  see  liim,  but  got  some  of  liis  i  Tmation  at 
second  hand.  The  water  being  so  beautiiully  clear  I 
thought  it  must  come  through  a  large  lake  not  far  up; 
but  as  far  as  he  had  gone  no  lakes  were  seen.  He  said 
the  current  was  comparatively  slack,  with  an  occa- 
sional "ripple"  or  small  rapid.  Where  he  turned  back 
the  river  is  surrounded  by  high  mountains,  which  were 
then  covered  with  snow,  which  accounts  for  the  purity 
and  clearness  of  the  water. 

It  appears  that  the  Indians  go  up  this  stream  a  long 
distance  to  hunt,  but  I  could  learn  nothing  definite  as 
to  their  statements  concerning  it. 

Twelve  and  a  half  miles  below  Fort  Reliance,  the 
Chandindu  River,  as  named  by  Schwatka,  enters  from 
the  east.  It  is  thirty  to  forty  yards  wide  at  the  mouth, 
very  shallow,  and  for  half  a  mile  up  is  one  continuous 
rapid.  Its  valley  is  wide  and  can  be  seen  for  a  long 
distance  looking  northeastward  from  the  mouth. 

Between  Fort  Reliance  and  Forty  Mile  River  (called 
Cone  Hill  River  by  Schwatka)  the  Yukon  assumes  its 
normal  appearance,  having  fewer  islands  and  being 
narrower,  averaging  four  to  six  hundred  yards  wide, 
and  the  current  being  more  regular.  This  stretch  is 
forty-six  miles  long,  but  was  estimated  by  the  traders 
at  forty,  from  which  the  Forty  Mile  River  took  its 
name.^ 

Forty  Mile  River  joins  the  main  river  from  the  west. 
Its  general  course  as  far  up  as  the  International 
Boundary,  a  distance  of  twenty-three  miles,  is  south- 
west; after  this  it  is  reported  by  the  miners  to  run 
nearer  south.  Many  of  them  claim  to  have  ascended 
this   stream  for  more  than   one   hundred   miles,   and 


SI'BrI ' 


1  Forty  Mile  River  Is  not  generally  clear  of  ice  till  May, 
and  heavy  frosts  occur  in  September.  Forty  Mile  townsite  is 
situated  on  the  south  side  of  the  Forty  Mile  River  at  its  Junc- 
tion with  the  Yukon.  The  Alaslia  Commercial  Compjiny  has  a 
station  here  which  was  for  some  years  in  charge  of  L.  N.  Mc- ' 
Question;  there  are  also  several  blacksmith  shops,  restaurants, 
l>illiard  halls,  bakeries,  an  opera  house  and  so  on.  Rather  more 
than  half  a  mile  below  Forty  Mile  townsite  the  town  of  Cudahy 
was  founded  on  the  north  sido  of  Forty  Mile  River  in  the 
summer  of  1S92.  It  is  named  after  a  well-known  memJier  of 
the  North  American  Transportation  and  Trading  Company.  In 
population  and  extent  of  business  the  town  bears  comparison 
with  its  neighlior  across  the  river.  The  North  American  Trans- 
portation and  Trading  Company  has  erected  u  saw  mill  and 
some  large   warehouses  here. 


in  ' 


OP  THE  UNITED  STATES. 


291 


ft; 


speak  of  it  there  as  quite  a  large  river.  Tliey  say  tliat 
at  tliat  distance  it  tiaa  readied  tlie  level  of  the  pla- 
teau, and  the  country  adjoining  it  they  describe  as  flat 
and  swampy,  rising  very  little  above  the  river.  It  is 
only  a  short  distance  across  to  the  Tanana  River— a 
large  tributary  of  the  Yukon— which  is  here  described 
as  an  important  stream.  However,  only  about  twenty- 
three  miles  of  Forty  Mile  River  are  in  Canada;  the 
upper  part  of  it  and  its  relation  to  other  rivers  in  the 
district  having  no  direct  interest  for  us. 

Forty  Mile  River  is  one  hundred  to  one  hundred  and 
fifty  yards  wide  at  the  mouth,  and  the  current  is  gen- 
erally strong,  with  many  small  rapids.  Eight  miles 
up  is  the  so-called  canon;  it  is  hardly  entitled  to  that 
distinctive  name,  being  simply  a  crooked  contraction  of 
the  river,  with  steep  rocky  banks,  and  on  the  north 
side  there  is  plenty  of  room  to  walk  along  the  beach. 
At  the  lower  end  of  the  canon  there  is  a  short  turn  and 
swift  water  in  which  are  some  large  rocks;  these  can- 
not generally  be  seen,  and  there  is  much  danger  of 
striking  them  running  down  in  a  boat.  At  this  point 
several  miners  have  been  drowned  by  their  boats  being 
upset  in  collision  with  these  rocks.  It  is  no  great  dis- 
tance to  either  shore,  and  one  would  think  an  ordinary 
swimmer  would  have  no  difficulty  in  reaching  land;  but 
the  coldness  of  the  water  soon  benumbs  a  man  com- 
pletely and  renders  him  powerless. 

The  length  of  the  so-called  canon  is  about  a  mile. 
Above  it  the  river  up  to  the  boundary  is  generally 
smooth,  with  swift  current  and  an  occasional  ripple. 
The  amount  of  water  discharged  by  this  stream  is 
considerable;  but  there  is  no  prospect  of  navigation, 
it  being  so  swift  and  broken  by  small  rapids. 

From  Forty  Mile  River  to  the  boundary  the  Yukon 
preserves  the  same  general  character  as  between  Fort 
Reliance  and  Forty  Mile,  the  greatest  width  being 
about  half  a  mile  and  the  least  about  a  quarter. 

Fifteen  miles  below  Forty  Mile  River  a  large  mass  of 
rock  stands  on  the  east  bank.  This  was  named  by 
Schwatka  "Roquette  Rock,"  but  is  known  to  the  trad- 
ers as  Old  Woman  Rock;  a  similar  mass,  on  the  west 
side  of  the  river,  being  known  as  Old  Man  Rock. 

Between  Forty  Mile  River  and  the  boundary  line  no 
stream  of  any  size  joins  the  Yukon;  in  fact,  there  is 
only  one    stream,    which   some   of   the    miners   have 


•'  i 


I'lv  - 


292 


MINERAL   LAND   LAWS 


named  Sheep  Creek,  but  as  there  is  another  stream 
further  down  the  river,  called  by  the  same  name,  I 
have  named  it  Coal. Creek.  It  is  five  miles  below  Forty 
Mile  and  comes  in  from  the  east,  and  is  a  large  creek, 
but  not  at  all  navigable.  On  it  some  extensive  coal 
seams  were  seen,  which  will  be  more  fully  referred  to 

further  on. 

*  *       *       *       *       * 

At  the  boundary  the  river  is  somewhat  contracted, 
and  measures  only  1,280  feet  across  in  the  winter;  but 
in  summer,  at  ordinary  water  level,  it  would  be  about 
one  hundred  feet  wider.  Immediately  below  the  bound- 
ary it  expands  to  its  usual  width,  which  is  about  2,000 
feet. 

♦  *♦♦*♦ 

The  current,  from  the  boundary  down  to  the  conflu- 
ence with  the  Porcupine  is  said  to  be  strong,  and 
much  the  same  as  that  above;  from  the  Porcupine 
down  for  a  distance  of  five  or  six  hundred  miles  it  is 
called  medium,  and  the  remainder  easy. 


From  Stewart  River  to  the  mouth  of  the  Yukon  is 
about  1,650  miles,  and  the  only  difficult  place  in  all  this 
distance  is  the  part  near  the  confluence  with  the  Por- 
cupine, which  has  evidently  been  a  lake  in  past  ages, 
but  is  now  fllled  with  islands;  it  is  said  that  the  cur- 
rent here  is  swift,  and  the  channels  generally  narrow, 
rendering  navigation  difficult. 

****** 

In  making  preparations  for  the  foundations  of  our 
house  at  our  winter  quarters  near  the  boundary  we 
had  to  excavate  in  the  bank  of  the  river,  and  in  an 
exposed  place  where  the  sun's  rays  could  reach  the 
surface  without  hindrance  from  trees  or  other  shade 
we  found  the  depth  to  the  perpetually  frozen  ground 
to  be  not  more  than  two  feet.  In  the  woods  where 
the  ground  was  covered  with  over  a  foot  of  moss  the 
frozen  ground  is  immediately  below  the  moss.  On  this 
the  timber  is  generally  small,  and  of  very  slow  growth, 
as  is  evident  from  the  number  of  annual  rings  of 
growth.  I  have  seen  trees  of  only  three  or  four  inches 
in  diameter  which  were  upwards  of  one  hundred  and 

fifty  years  old. 

*       *****       * 

Forty  Mile  River  is  the  only  river  in  the  district  on 


OP  titE  UNITED  STATES. 


203 


I 


Which,  up  to  the  fall  of  1888,  coarse  gold  had  been 
found,  and  it  may  be  said  that  much  of  it  can  hardly 
claim  that  distinctive  title.  The  largest  nugget  found 
was  worth  about  $39.  It  was  lost  on  the  Ijody  of  a 
miner  who  was  drowned  at  the  canon.  Several  other 
nuggets  of  much  less  value  have  been  found,  but  the 
number  of  pieces  which  one  could  call  "nugeet"  are 
few. 

The  miners  term  Forty  Mile  a  "bed  rock"  creek— 
that  is,  one  In  the  bed  of  which  there  is  little  or  no 
drift,  or  detrital  matter,  the  bottom  of  the  river  being 
bed-rock.  In  many  places  this  rock  has  been  scraped 
with  knives  by  the  miners,  in  order  to  gather  the 
small  amount  of  detritus  and  its  accompanying  gold. 

Very  little  of  the  gold  on  this  creek  was  found  in 
Canadian  territory,  the  coarsest  gold  being  found  well 
up  the  river.  The  river  had  been  prospected  in  1887 
for  upwards  of  one  hundred  miles,  and  gold  found  all 
the  way  up.  The  great  point  with  a  miner  is  to  find 
where  the  gold  comes  from.  To  do  this  he  has  to 
reach  a  point  on  the  river  where  there  is  none;  then 
he  knows  he  has  passed  the  source,  and  will  search  in 
side  valleys  and  gulches.  The  theory  seems  to  be  that 
the  gold  is  stored  up  somewhere  and  dribbled  out 
along  the  river. 

Pieces  of  gold-bearing  quartz  had  frequently  been 
picked  up  along  the  river  in  the  shallow  drift,  but 
none  had  been  found  in  place,  nor  did  it  appear  to  me 
that  much  search  had  been  made  for  it.  Near  the 
mouth  of  the  river  there  is  an  extensive  flat  of  detrital 
matter  through  which  a  couple  of  small  creeks  flow. 
This  is  all  said  to  be  gold-bearing,  and,  it  was  thought, 
would  pay  well  for  sluicing.  Accordingly,  a  couple  of 
claimants  had  staked  off  claims  at  the  mouth  of  the 
creeks,  and  intended  to  try  sluicing  in  the  season  of 
1888.    I  have  not  heard  how  the  venture  succeeded. 


■ 


s 


n 


•       *       *       *       * 

Big  and  Little  Salmon  rivers  have  also  been  pros- 
pected, with  the  usual  result  that  more  or  less  gold 
has  been  found  everywhere. 

I  think  it  may,  with  confidence,  be  asserted  that 
rich  finds  will  yet  be  made  of  both  coarse  gold  and 
gold-bearing  quartz.'  It  is  not  likely  in  the  nature  of 
things  that  such  a  vast  extent  of  country  should  have 


li  y' 


|« 


294 


MINERAL   LAND   LAWS 


all  its  fine  gold  deposited  as  sediment,  brought  from  a 
distance  in  past  ages  of  tlie  world's  development.  If 
this  is  not  the  case,  the  matrix,  from  which  all  the 
gold  on  these  streams  has  come,  must  still  exist,  in 
part  at  least,  and  will  no  doubt  be  discovered,  and  thus 
enrich  this  otherwise  gloomy  and  desolate  region. 

There  are  many  bank  and  bench  bars  along  the 
river  which  would  pay  well  if  sluiced,  but  there  is  no 
convenient  or  economical  way  of  getting  water  on 
them,  and  there  is  no  pumping  machinery  as  yet  in 
the  country.  One  bank  bar  of  large  extent,  called 
Rogers'  Bar,  just  below  Old  Man  Rock,  attracted  at- 
tention in  the  spring  of  1888,  and  some  miners  were 
thinking  of  getting,  in  an  engine  and  pumps  to  trork  it. 
I  made  an  estimate  ^f  the  size  of  engine  required  for 
their  needs,  and  coi,  "ted  the  probable  cost  of  the 
plant  laid  down,  but  it  u  /<  not  appear  that  they  made 
any  further  move. 

This  bar  is  more  than  flft>  feet  above  the  water.  It 
fronts  on  the  river  for  more  than  two  miles,  and  is  in 
places  nearly  two  miles  deep.  It  is  believed  that  in 
past  ages  the  Old  Man  and  Old  Woman  rocks  were 
connected  and  formed  a  barrier  across  the  river,  over 
which  there  wa*?  a  cataract.  Below  this  the  fine  gold 
remained,  while  ihe  sand  and  gravel  were  in  part  car- 
ried further  do  an.  So  impressed  were  some  persons 
with  the  proi:5pcct  of  rich  finds  on  this  bar  that  they 
thought  of  bringing  water  across  from  the  high  level 
of  Forty  Mile  River,  a  distance  of  over  thirty  miles; 
but  when  I  went  up  Forty  Mile  River,  to  the  boundary 
I  saw  that  it  could  not  be  done  without  the  aid  of 
force  pumps,  and  I  explained  this  drawback  to  them. 
This  bar  is  said  to  yield  four  to  six  cents  to  the  pan, 
which,  with  plenty  of  water  for  sluicing,  would  pay 
well,  while  its  large  extent  would  warrant  consider- 
able outlay.  Doubtless  there  are  many  other  bars  as 
rich  as  this  one,  though  not  as  large. 

Platinum  is  generally  found  associated  with  gold. 
This  is  particularly  the  case  on  Forty  Mile  River. 

As  very  few  outside  of  mining  communities  under- 
stand anything  of  the  nomenclature  of  the  craft,  or 
of  the  m«=!thods  employed  to  separate  the  very  small 
quantities  of  the  precious  metal  from  the  baser  ma- 
terial w-ith  which  it  is  associated^  a  short  description 
will  not  be  out  of  place. 


OF  Tin-;  ITNITKD  STATRS, 


20ft 


When  a  miner  "strikes"  a  bar  lie  "prospects"  it  by 
washing  a  few  panfuls  of  the  si'fivel  or  sand  of  vvhieli 
it  is  composed.  Accortiing'  to  tlie  number  of  "colors" 
he  finds  to  the  pan,  that  is,  the  number  of  speclts  of 
gold  he  can  see  in  his  pan  after  all  the  dirt  has  been 
washed  out,  he  judges  of  its  richness.  Many  of  them 
have  had  so  much  experience  that  they  can  tell  in  a 
few  minutes,  very  nearly,  how  much  a  bar  will  yield 
per  day  to  the  man. 

The  process  of  "placer"  mining  is  about  as  follows: 
After  clearing  all  the  coarse  gravel  and  stone  off  a 
patch  of  ground,  the  miner  lifts  a  little  of  the  finer 
gravel  or  sand  in  his  pan,  which  is  a  broad,  shallow 
dish,  made  of  strong  sheet  iron;  he  then  puts  in  water 
enough  to  fill  the  pan,  and  gives  it  a  few  rapid  whirls 
and  shakes;  this  tends  to  bring  the  gold  to  the  bottom 
on  account  of  its  greater  specific  gravity.  The  dish  is 
then  shaken  and  held  in  such  a  way  that  the  gravel 
and  sand  are  gradually  washed  out,  care  being  taken 
as  the  process  nears  completion  to  avoid  letting  out  the 
finer  and  heavier  parts  that  have  settled  to  the  bot- 
tom. Finally  all  that  is  left  in  the  pan  is  whatever 
gold  may  have  been  in  the  dish  and  some  black  sand 
which  almost  invariably  accompanies  it. 

This  black  sand  is  nothing  but  pulverized  magnetic 
iron  ore.  Should  the  gold  thus  found  be  xine,  the 
contents  of  the  pan  are  thrown  into  a  barrel  contain- 
ing water  and  a  pound  or  two  of  mercury.  As  soon  as 
the  gold  comes  in  contact  with  mercury  it  combines 
with  it  and  forms  an  amalgam.  The  process  is  con- 
tinued until  enough  amalgam  has  been  formed  to  pay 
for  "roasting"  or  "firing."  It  is  then  squeezed 
through  a  buckskin  ba^,  all  the  mercury  that  comes 
through  the  bag  being  put  back  into  the  barrel  to 
serve  again,  and  what  remains  in  the  bag  is  placed  in 
a  retort,  if  the  miner  has  one,  or,  if  not,  on  a  shovel, 
and  heated  until  nearly  all  the  mercury  Is  vaporized. 
The  gold  then  remains  in  a  lump  with  some  mercury 
still  held  in  combination  with  it. 

This  is  called  the  "pan"  or  "hand"  method,  and  Is 
never,  on  account  of  its  slowness  and  laboriousness, 
continued  for  any  length  of  time  when  it  Is  possible 
to  procure  a  "rocker"  or  to  make  and  work  sluices. 

A  "rocker"  is  simply  a  box  about  three  feet  long  and 
two  wide,  made  in  two  parts,  the  top  part  being  shal- 


■4 


m 


296 


MINERAL   LAND   LAWS 


low,  with  a  heavy  sheet  iron  bottom,  which  is  punched 
full  of  quarter-inch  holes.  The  other  part  of  the  box 
is  fitted  with  an  inclined  shelf  about  midway  in  its 
depth,  which  is  six  or  eight  inches  lower  at  its  lower 
end  than  at  its  upper.  Over  this  is  placed  a  piece  of 
heavy  woolen  blanket.  The  whole  is  then  mounted  on 
two  rockers,  much  resembling  those  of  an  ordinary 
cradle,  and  when  in  use  they  are  placed  on  two  blocks 
of  wood  so  that  the  whole  may  be  readily  rocked. 
After  the  miner  has  selected  his  claim,  he  looks  for 
the  most  convenient  place  to  set  up  his  "rocker," 
which  must  be  near  a  good  supply  of  water.  Then  he 
proceeds  to  clear  away  all  the  stones  and  coarse  gravel, 
gathering  the  finer  gravel  and  sand  in  a  heap  near 
the  "rocker."  The  shallow  box  on  top  is  filled  with 
this,  and  with  one  hand  the  miner  rocks  it,  while  with 
the  other  he  ladles  in  water.  The  finer  matter  with  the 
gold  falls  throu^'h  the  holes  onto  the  blanket,  which 
checks  its  progress,  and  holds  the  fine  particles  of 
gold,  while  the  sand  and  other  matters  pass  over 
It  to  the  bottom  of  the  box,  which  is  sloped  so 
that  what  comes  through  is  washed  downwards  and 
finally  out  of  the  box.  Across  the  I  ottom  of  the 
box  are  fixed  thin  slats,  behind  which  some  mer- 
cury is  placed  to  catch  any  particles  of  gold  which 
may  escape  the  blanket.  If  the  gold  is  nuggety,  the 
large  nuggets  are  found  in  the  upper  box,  (their  weight 
detaining  them  until  all  the  lighter  stuff  has  passed 
through)  and  the  smaller  ones  are  held  by  a  deeper 
slat  at  the  outward  end  of  the  bottom  of  the  box.  The 
piece  of  blanket  is,  at  intervals,  taken  out  and  rinced 
into  a  barrel;  if  the  gold  is  line,  mercury  is  placed  at 
the  bottom  of  the  barrel,  as  already  mentioned. 

Sluicing  is  always  employed  when  possible.  It  re- 
quires a  good  supply  of  water  with  sufficient  head  or 
fall.  The  process  is  as  follows:  Planks  are  procured 
and  formed  into  a  box  of  suitable  width  and  denth. 
Slats  are  fixed  across  the  bottom  of  the  box  at  p'  itable 
Intervals,  or  shallow  holes  bored  in  the  bottom  in 
such  order  that  no  particle  r  ould  run  along  the  bottom 
in  a  straight  line  without  running  over  a  hole.  Sev- 
eral of  these  boxes  are  then  set  up  with  a  considerable 
slope  and  are  fitted  into  one  another  at  the  ends  like  a 
stovepipe.  A  stream  of  water  is  now  directed  into  the 
Upper  end  of  the  highest  box.    The  grave!  having  been 


9M 


OF  THE  UNITICD  STATES. 


297 


collPCLed,  as  in  the  case  of  the  rocker,  it  is  shoveled 
into  the  upper  box  and  is  washed  downwards  by  the 
strong  current  of  water.  The  gold  is  detained  by  its 
weight,  and  is  held  by  the  slats  or  in  the  holes  men- 
tioned; if  it  is  fine,  mercury  is  placed  behind  the 
slats  or  in  these  holes  to  catch  it.  In  this  way  about 
three  times  as  much  dirfvian  be  washed  a,s  by  the 
rocker,  and  consequently  three  times  as  much  gold 
is  secured  in  a  given  time.  After  the  boxes  are  done 
with  they  are  burned,  and  the  ashes  washed  for  the 
gold  held  in  the  wood. 

Unfortunately,  on  the  Lewes  and  Pelly  rivers  there 
is  no  way  of  sluicing  without  the  aid  of  pumps,  there 
being  no  streams  with  fall  enough  to  get  the  neces- 
sary current  in  the  sluice  boxes. 


A  great  many  of  the  miners  spend  their  time  in  the 
summer  prospecting,  and  in  the  winter  resort  to  a 
method  lately  adopted  and  which  is  called  "burning." 
They  make  fares  on  the  surface,  thus  thawing  the 
ground  until  the  bed-rock  is  reached,  then  drift  and 
tunnel;  the  pay  dirt  is  brought  to  the  surface  and 
heaped  in  a  pile  until  spring  when  water  can  be  ob- 
tained. The  s'uico  boxes  are  then  set  up  and  the  dirt 
is  washed  out,  thus  enabling  the  miner  to  work  ad- 
vantageously and  profitably  the  year  round.  This 
method  has  been  founc  very  satisfactory  in  places 
where  the  pay  streak  is  at  any  great  depth  from  the 
surface.  In  this  way  the  complaint  is  overcome  which 
has  been  so  commonly  advancefl  by  miners  and  others 
that  in  the  Yukon  several  months  of  the  year  are  lost 
In  idleness.  Winter  usually  sets  in  very  soon  after 
the  middle  of  September  and  continues  until  the  be- 
ginning of  Juno,  and  Is  decidedly  cold.  The  mercury 
frequently  falls  to  60°  below  zero,  but  in  the  inter- 
ior there  is  «o  little  humidity  in  the  atmosphere  that 
the  cold  is  •lO^'e  easiiy  endured  than  on  the  coast.  In 
the  absence  of  thermometers,  miners,  it  is  said,  leave 
their  mercury  out  all  night;  when  they  find  it  frozen 
solid  in  the  morning  they  conclude  that  it  is  too  cold 
to  work,  and  ."tay  at  home.  The  temperature  runs  to 
great  extremes  in  the  summer  as  well  as  in  the  winter; 
It  is  quite  a  common  thing  for  the  thermometer  to  reg- 
ister 100  degrees  in  the  shade.    There  is  continuous  day- 


i 


Eff'; 


I 

iii 


298 


MINERAL   LAND   LAWS 


light  from  the  middle  of  June  until  the  early  part  of 
August,  but  in  the  depth  of  winter  there  is  little  more 
than  three  hours  of  partial  daylight  in  the  twenty- 
four.  So  that  constant  daylight  for  a  por Jon  of  the 
year  and  almost  total  darkness  for  another  portion 
might  very  well  create  doubts  in  one's  mind  as  to 
what  portion  of  the  day  in  either  case  shorkl  '■?■'  ^iven 
to  slee^.  In  the  summer  months  it  is  pcri'.ib..  »r  a 
miner  to  put  in  as  many  hours  as  he  has  U\  pr  v  cr  to 
endure  Ihe  physical  strain.  Constant  dayligli.  M,dmits 
of  several  shifts  of  men  being  employed,  and  in  this 
way  mining  operations  may  go  on  continuously 
throughout  every  hour  of  the  day. 

I  have  already  sent  out  a  short  report  from  this 
place  [Cudahy],  being  fortunate  enough  to  catch  the 
boat  here  when  I  came  down.  In  that  report  I  made 
some  remarks  on  the  town  sites  in  our  territory;  since 
then  I  have  learned  nothing  of  importance  in  that 
connection,  the  most  noteworthy  fact  being  that  gold- 
bearing  quartz  has  been  found  in  Cone  hill,  which 
stands  midway  in  the  valley  of  the  Forty  Mile  River, 
a  couple  of  miles  above  the  junction  with  the  Yukon 
The  quantity  in  sight  rivals  that  of  the  Treadwe-< 
mine  on  the  coast,  and  the  quality  is  better,  so  m '■  h 
so  that  it  is  thought  it  will  pay  well  to  work  it  t  'en 
under  the  conditions  existing  here.  Application  iia^ 
been  made  to  purchase  it,  and  an  expert  is  now  en- 
gaged in  putting  in  a  tunnel  to  test  the  extent.  Indi- 
cations in  sight  point  to  the  conclusion  that  the  whole 
hill  is  composed  of  this  metalliferous  rock.  If  the 
tests  corroborate  this,  a  stamp  mill  will  be  erected 
next  season,  which  will  have  an  important  bearing  on 
the  future  of  this  country.  If  this  venture  succeeds, 
(as  it  doubtless  will,  for  it  is  in  the  hands  of  parties 
who  are  able  to  push  it)  it  ^v•ill  give  permaner  ,  «?rn- 
ployment  to  a  good  many  men,  who  with  their  r,..  ijies 
will  form  quite  a  community. 

Apart  from  this  I  cannot  see  very  much  of  a  ch^uce 
for  speculation  in  buying  or  selli^ie,  town  sites;  and 
my  opinion  is  confirmed  by  tlie  pvesent  condition  of 
Forty  Milo,  which  now  co  italns  '  cv  few  people,  the 
great  majority  of  the  min*  >:  reni::^iniiig  on  their  claims 
all  winter,  coming  in  only  once  or  twice  for  supplies. 
Even  in  the  case  of  the  mine  at  Cone  hill  being 
worked,  only  a  village  would  be  formed  around  It. 


OF  THE  UNITED  STATES. 


290 


Outside  of  all  such  considerations,  the  present  ap- 
plicants for  Forty  Mile  and  Cudahy  town  sites  liave 
either  directly  or  indirectly  occupied  the  present  sites 
for  years  and  spent  tliousands  of  dollars  improving 
and  building  on  them.  One  house  erected  in  Forty 
Mile  last  summer  is  said  to  have  cost  $10,000.  It  would 
cost  between  two  and  three  thousand  in  Ottawa.  These 
improvements  cover  so  much  ground  that  even  if  it 
were  decided  to  lay  ouc  the  town  site  and  convey  it  in 
lots  the  applicants  would  have  a  claim  to  most  of  the 
ground  they  ask  for. 


A  couple  of  coal  claims  have  been  staked  and  ap- 
plied for,  which  I  will  survey  in  the  spring,  and  at 
the  same  time  make  an  examination  of  the  coal  area 
where  they  are.  I  may  anticipate  this  to  a  certain  ex- 
tent by  saying  that,  a  few  days  after  I  reported  to 
you  last  fall,  I  went  up  Coal  Creek  to  search  for  this 
coal,  to  which  I  referred  in  my  report  of  1887  and  1888. 
I  found  it  about  7  miles  up  the  creek  overlying  a 
coarse  sandstone  and  under  drift  clay  and  gravel. 

The  seam  Is  12  feet  6  inches  thick.  It  seems  to  me 
to  be  a  good  quality  of  lignite.  I  have  packed  30  or 
40  pounds  of  the  best  specimens  I  found  a  few  feet  in, 
and  will  send  them  out  to  you  in  the  spring,  that  a  test 
may  be  made.  That  exposure  has  now  been  staked 
and  applied  for  to  the  agent  here.  I  judge  from  the 
position  of  these  coal  claims  that  we  have  quite  an 
area  of  coal  here.  Both  exposures  furnish,  as  far  as 
external  features  show,  the  same  character  of  coal, 
and  are  about  the  same  level,  so  that  it  is  fair  to  as- 
sume they  are  in  the  same  seam.  I  will  make  a  search 
In  the  intervening  distance  to  determine  this  when  I 
make  a  survey  of  the  claims.  Coal  is  reported  in  the 
drift  on  the  Chandindu,  about  30  miles  up  the  river 
from  here,  which  would  go  to  show  that  there  is  an- 
other area  or  a  continuation  of  this  one  there. 

On  my  way  down  the  river  I  saw  the  copper-bearing 
vein  near  Thron-Diuck  Creek  above  Fort  Reliance.  It 
does  not  appear  to  be  extensive,  but  there  are  several 
small  veins  in  the  vicinity,  and  it  may  be  that  a  com- 
mercially valuable  deposit  may  be  found;  about  25 
miles  further  down  I  found  a  small  vein  which  indi- 
cates that  this  copper  deposit  is  extensive. 


il: 


300 


MINERAL  Land  laws 


I  found  a  small  seam  of  rather  poor  asbestos  a  short 
distance  from  Cudahy,  and  as  there  is  quite  an  ex- 
tensive area  of  serpentine  around  here,  asbestos  may 
\  -^  ^p  found  of  commercial  value, 

rich  placer  digj^ings  are  now  being  worked  on 
the  ,  .'°ks  flowing  into  Sixty  Mile,  part  of  which  are 
supposed  to  be  in  Canada.  I  shall  be  able  to  say  defi- 
nitely when  I  produce  the  line  that  far  where  they 
are  and  how  much  we  have  of  them. 

Except  in  the  vicinity  of  Forty  Mile  there  appears  to 
be  nothing  doing  in  the  way  of  quartz  prospecting. 

Last  season  good  placer  mines  were  found  on  the 
Hootalinqua— Teslin  of  Dawson— with  coarse  gold  In 
them  and  there  will  probably  be  a  lot  of  claims 
worked  there  next  season.  Several  miners  were  win- 
tering there  to  commence  operations  early  in  the 
spring.  A  great  deal  of  improvement  has  been  intro- 
duced in  the  working  of  placer  diggings,  which  has 
much  increased  the  output.  The  miner  instead  of  put- 
ting in  the  winter  months  in  the  towns  and  saloons 
remains  on  his  claim  all  winter,  cutting  wood  in  the 
earlier  months,  with  which  he  builds  fires  and  thaws 
the  frozen  gravel,  piling  it  up  to  be  washed  as  soon 
as  the  flow  of  water  in  the  spring  will  permit.  In  this 
way  the  work  is  more  than  doubled,  but  as  the  supply 
of  wood  is  very  limited  except  on  the  main  river  this 
cannot  always  be  done. 

TIMBER. 

I  made  a  complete  survey  of  Forty  Mile,  locating 
and  taking  the  dimensions  of  every  house  in  it,  and  it 
Is  the  worst  jumble  I  ever  saw.  I  had  to  do  this  though 
it  entailed  a  great  deal  of  work,  for  there  wera  so 
many  claim  holders,  and  there  appeared  to  be  a  gen- 
eral distrust  in  the  vicinity;  every  man  wants  himself 
on  record  in  evidence  as  to  his  claim.  I  have  taken 
some,  but  I  have  several  days'  work  yet.  I  made  a 
survey  of  the  island  for  the  Anglican  mission,  and  of 
another  island  for  a  man  named  Gibson.  This  is  in 
the  delta  of  Forty  Mile  Creek,  and  he  Intends  to  make 
a  market  garden  for  the  growth  of  such  vegetables  as 
the  country  will  produce.  In  my  final  report  I  will 
deal  as  fully  as  my  experience  here  will  permit  on  that 
phase  of  the  country's  character.       Many   here   have 


OF  THE  UNITED  STATFIS 


301 


Lt 

e 


small  gardens  and  are  fairly  successful  with  ordinary 
vegetables.  1  have  advised  many  to  correspond  with 
the  experimental  farm  at  Ottawa,  with  a  view  to  learn- 
ing- the  best  sort  of  vegetables  for  growth  in  this 
climate. 

•       *       *       *       ♦ 

Assays  of  the  Cone  hill  quartz  are  very  satisfac- 
tory, and  the  quantity  good  for  generations  of  work; 
were  it  on  the  coast  the  Treadwell  mine  would  be 
diminutive  beside  it.  Five  tons  of  rock  are  being  sent 
out  from  it  for  a  mill  test,  and  should  they  prove  as 
satisfactory  as  the  test  of  a  ton  sent  out  last  y^ar,  I 
understand  the  parties  owning  it  will  proceed  to  de- 
velop It.  If  it  starts  and  proves  reasonably  successful 
there  are  scores  of  other  places  in  the  country  that 
may  yield  as  well.  An  expert  here  who  prospects  for 
the  N.  A.  T.  and  T.  Co.,  found  a  ledge  last  spring  on 
the  Chandindu  River  of  Schwatka  (known  as  Twelve 
Mile  Creek  here)  and  located  two  full  claims  on  it. 
He  told  me  the  assay  he  made  of  my  specimens  of  it 
was  much  more  satisfactory  than  that  of  Cone  Hill, 
and  this  ledge,  he  claims,  is  where  a  commencement 
should  be  made  in  quartz  milling  in  this  country,  and 
there  would  be  no  fear  of  the  result.  He  appears  to 
be  pretty  well  versed  in  mining  lore,  Is  a  practical  as- 
sayer— that  is  his  profession— and  he  says  he  never  saw 
or  read  of  anything  like  it  for  extent  in  the  world.  He 
informed  me  there  were  extensive  deposits  of  coal 
about  20  miles  up  the  creek  and  this  ledge  was  about 
4  miles  up.  He  has  no  doubt  but  that  the  copper 
around  Port  Reliance  will,  with  better  facilities,  yet  be 
a  valuable  feature  of  the  country.  He  showed  me  a 
lump  of  native  copper  some  Indians  said  they  found  on 
the  head  of  White  River,  but  could  not  or, would  not 
specify  where.  Speaking  of  White  River  reminds  me 
that  it  and  Sixty  Mile  are  very  close  together  in  the 
vicinity  of  the  boundary.  I  was  told  it  was  only  a 
short  walk  from  the  creeks  of  one  to  the  creeks  of  the 
other,  but  how  far  from  stream  to  stream  is  uncer- 
tain. 

This  expert  is  an  American  who  has  Sj*  it  many 
years  of  his  life  in  the  best  mining  districts  in  the 
United  States,  and  he  assures  me  this  country  prom- 
ises better  than  any  he  ever  saw  before,  and  as  an  evi- 


13*  i 


^1 


302 


MINERAL  LAND  LAWS 


dence  of  his  satisfaction  witli  it  lie  is  going  to  spend 
tlie  rest  of  his  life  here. 


My  last  report  told  you  of  the  agent  here  [Cudahy] 
going  to  Miller  and  Glacier  Creeks  and  collecting  fees 
and  making  entries;  as  he  did  not  go  west  of  those 
creeks  no  complications  will  arise,  for  as  you  will  see 
by  my  sketch  map  they  are  within  C;  lada.  I  may 
say  here  that  one  claim  on  Miller  Creek  turned  out 
about  $70,000  last  winter,  and  several  others  have  done 
very  well  too.  So  far  nearly  all  the  miners  have 
passed  he'.e,  going  to  Circle  City  (about  200  miles  down) 
and  I  have  no  doubt  that  many  of  them  will  keep  on 
going. 


Cudahy,  Sept.  6,  1896. 

I  am  very  much  pleased  to  be  able  to  inform  you  that 
a  most  important  discovery  of  gold  has  been  made  on 
a  creek  called  Bonanza  Creek,  an  affluent  of  the  river 
known  here  as  the  Klondike  (the  correct  name  is 
Thron-Diuck).  It  is  marked  on  the  maps  extant  as 
Deer  River  and  joins  the  Yukon  a  few  miles  above  the 
site  of  Fort  Reliance. 

The  discovery  was  made  by  G.  W.  Cormack,  who 
worked  with  me  in  1887  on  the  coast  range.  The  indi- 
cations are  that  it  is  very  rich,  indeed  the  richest  yet 
found,  and  as  far  as  work  has  been  carried  on  it  real- 
izes expectations.  It  is  only  two  weeks  since  it  was 
known,  and  already  about  200  claims  have  been  staked 
on  it,  and  the  creek  is  not  yet  exhausted;  it  and  its 
branches  are  considered  good  for  300  or  400  claims. 

Besides  thore  are  two  other  creeks  above  it  which  it 
is  confidently  expected  will  yield  good  pay,  and  if  they 
do  so  we  have  from  800  to  1,000  claims  on  this  river 
which  will  require  over  2,000  men  for  their  proper  work- 
ing. Between  Thron-Diuck  River  and  Stewart  River  a 
large  creek  called  Indian  Creek  flows  into  the  Yukon, 
and  rich  prospects  have  been  found  on  it,  and  no  doubt 
it  is  in  the  gold-bearing  country  between  Thron-Diuck 
and  Stewart  Rivers,  which  is  considered  by  all  the  old 
miners  the  best  and  most  extensive  gold  country  yet 
found.  Scores  of  them  would  prospect  it  but  for  the 
fact  that  they  cannot  get  provisions  up  there,  and  it  is 
too  far  to  boat  them  up  from  here  in  small  boats. 


01'    THE    UNITED   STATES. 


303 


News  has  just  arrived  from  Bonanza  Creek  that  three 
men  worked  out  $75  in  four  hours  the  other  day,  and  a 
$12  nugget  has  been  found,  which  assures  the  charac- 
ter of  the  ground,  namely,  coarse  gold  and  plenty  of  it, 
as  three  times  this  can  be  done  with  slujce  boxes.  You 
can  fancy  the  excitement  here.  It  is  claimed  that  from 
$100  to  $500  per  day  can  be  made  off  the  ground  that 
has  been  prospected  so  far.  As  we  have  about  100 
claims  on  Glacier  and  Miller  Creeks,  with  three  or 
four  hundred  in  this  vicinity,  next  year  it  is  imperative 
that  a  man  be  sent  in  here  to  look  after  these  claims 
and  all  land  matters,  and  it  is  almost  imperative  that 
the  agent  be  a  suvveyor.  Already  on  Bonanza  Creek 
they  are  disputing  about  the  size  of  claims. 


I  cannot  here  enter  into  the  reasons  for  it,  but  I  un- 
hesitatingly make  the  assertion  that  this  corner  of  our 
territory  from  the  coast  strip  down  and  from  the 
141st  meridian  eastward  will  be  found  to  be  a  fairly 
rich  and  very  extensive  mining  reg'ion. 


Cudahy,   Nov.   6,  1896. 

The  journey  has  been  made,  and  I  would  not  hesitate 
to  undertake  it  were  things  more  reasonable  here  and 
dog  food  plentiful,  but  it  would  take  at  least  $1,000  to 
equip  me  with  transport  and  ouiflt,  which  sum,  I 
think,  I  can  expend  more  in  the  interests  of  the  coun- 
try by  remaining  here  and  making  a  survey  of  the 
Klondak  of  the  miners— a  mispronunciation  of  the 
Indian  word  or  words  "Thron-dak"  or  "diuck,"  which 
means  plenty  of  fish,  from  the  fact  that  it  is  a  famous 
salmon  stream.  It  Is  marked  Tondak  on  our  maps. 
It  joins  the  Yukon  from  the  east,  a  few  miles  above 
the  site  of  Fort  Reliance,  about  50  miles  above  here. 

As  I  have  already  intimated,  rich  placer  mines  of 
gold  were  discovered  on  the  branches  of  this  stream. 
The  discovery,  I  believe,  was  due  to  the  reports  of 
Indians.  A  white  man  named  George  W.  Cormack, 
who  worked  with  me  in  1887,  was  the  first  to  ta^c 
advantage  of  the  rumors  and  locate  a  claim  on  the 
first  branch,  which  was  named  by  the  minors  Bo- 
nanza Creek.  Cormack  located  late  in  August,  but  had 
to   cut   some   logs    for    the    mill    here    to    get    a   few 


304 


MINERAL  LAND  LAWS 


m 


I  31 


pounds  of  provisions  to  enable  him  to  begin  work  on 
his  claim.  The  fishing  at  Thron-Diuck  having  totally 
failed  him,  he  returned  with  a  few  weeks'  provisions 
for  himself,  his  wife  and  brother-in-law  (Indians)  and 
another  Indian  in  the  last  days  of  August,  and  im- 
mediately set  about  working  his  claim.  As  he  was 
very  short  of  appliances  he  could  only  put  together 
a  rather  defective  apparatus  to  wash  the  gravel  with. 
The  gravel  itself  he  had  to  carry  in  a  box  on  his  back 
from  30  to  100  feet;  notwithstanding  this,  the  three 
men,  working  very  irregularly,  washed  out  $1,200  in 
eight  days,  and  ^.ormack  asserts  with  reason  that  had 
he  had  proper  facilities  it  could  have  been  done  in 
two  days,  besides  having  several  hundred  dollars  more 
gold  which  was  lost  in  the  tailings  through  defective 
apparatus. 

On  the  same  creek  two  men  rocked  out  $75  in  about 
four  hours,  and  it  is  asserted  that  two  men  in  the 
same  creek  took  out  $4,000  in  two  days  with  only  two 
lengths  of  sluice  boxes.  This  last  is  doubted,  but 
Mr.  Leduc  assures  me  he  weighed  that  much  gold  for 
them,  but  is  not  positive  where  they  got  it.  They  were 
new  comers  and  had  not  done  much  in  the  country, 
so  the  probabilities  are  they  got  it  on  Bonanza  Creek. 

A  branch  of  Bonanza  named  Eldorado  has  pros- 
pected magnificently,  and  ^.nother  branch  named  Tilly 
Creek  has  prospected  well;  in  all  there  are  some  four 
or  five  branches  to  Bonanza  which  have  given  good 
prospects. 

There  are  about  170  claims  staked  on  the  main 
creek,  and  the  branches  are  good  for  about  as  many 
more,  aggregating  say  350  claims,  which  will  require 
over  1,000  men  to  work  properly. 

A  few  miles  further  up  Bear  Creek  enters  Thron- 
Diuck,  and  it  has  been  prospected  and  located  on. 
Compared  with  Bonanza  it  is  small,  and  will  not  afford 
more  than  20  or  30  claims,  it  is  said.  About  12  miles 
above  the  mouth  Gold-bottom  Creek  joins  Thron- 
Diuck,  and  on  it  and  a  branch  named  Hunker  Creek 
(after  the  discoverer)  very  rich  ground  has  been  found. 
One  man  showed  me  $22.75  he  took  out  in  a  few  hours 
on  Hunker  Creek  with  a  gold  pan,  prospecting  his 
claim  on  the  surface,  taking  a  handful  here  and  there 
as  fancy  suggested.  On  Go"  -bottom  Creek  and 
branches  there  will  probably  be  2U0  or  300  claims.    The 


OF    THE    UNITED   STATES. 


305 


Indians  have  reported  another  creek  much  farther  up, 
which  they  call  "Too  much  gold  creek,"  on  which 
the  gold  is  so  plentiful  that,  as  the  miners  say  in 
joke,  "you  have  to  mix  gravel  with  It  to  sluice  it." 
Up  to  date  nothing  definite  has  been  heard  from  this 
creek. 

From  all  this  we  may,  I  think,  infer  that  we  have 
here  a  district  which  will  g-ive  1,000  claims  of  500  feet 
in  length  each.  Now,  1,000  such  claims  will  require  at 
least  3,000  men  to  work  them  properly,  and  as  wages 
for  working  in  the  mines  are  from  $8  to  $10  per  day 
without  board,  we  have  every  reason  to  assume  that 
this  part  of  our  territory  will  in  a  year  or  two  con- 
tain 10,000  souls  at  least.  For  the  news  has  gone  out  to 
the  coast  and  an  unprecedented  influx  is  expected 
next  spring.  And  this  is  not  all,  for  a  large  creek 
called  Indian  Creek  joins  the  Yukon  about  midway 
between  Thron-Diuck  and  Stewart  Rivers,  and  all 
along  this  creek  good  pay  has  been  found.  All  that 
has  stood  in  the  way  of  working  it  heretofore  has  been 
the  scarcity  of  provisions  and  the  difficulty  of  get- 
ting them  up  there  even  .when  here.  Indian  Creek  is 
quite  a  large  stream  and  it  is  pro'mble  it  will  yield 
five  or  six  hundred  claims.  Further  south  yet  lies  the 
head  of  several  branches  of  Stewart  River  on  which 
some  prospecting  has  been  done  this  summer  and  good 
indications  found,  but  the  want  of  provisions  pre- 
vented development.  Now  gold  has  been  found  in 
several  of  the  streams  joining  Pelly  River,  and  also 
all  along  the  Hootalinqua.  In  the  line  of  these  finds 
farther  south  is  the  Cassiar  gold  field  in  British  Co- 
lumbia; so  the  presumption  Is  that  we  have  in  our 
territory  alon^  the  easterly  water-shed  of  the  Yukon 
a  gold-bearing  belt  of  indefinite  width,  and  upwards  of 
three  hundred  miles  long,  exclusive  of  the  British  Co- 
lumbia part  of  it.  On  the  westerly  side  of  the  Yukon 
prospecting  has  been  done  on  a  creek  a  short  distance 
above  Selkirk  with  a  fair  amount  of  success,  and  on 
a  large  creek  some  30  or  40  miles  below  Selkirk  fair 
prospects  have  been  found;  but  as  before  remarked, 
the  difficulty  of  getting  supplies  here  prevents  any  ex- 
tended prospecting. 

Dalton    informed   me   he   had   found   ^ood   prospects 
on    a  small   creek   nearly  midway   between    the   coast 
range   and   Selkirk   in    his    route.     His     man     showed 
20 


i\'  ' 


1  ■ 


30G 


MINERAL  LANIJ  LAWS 


liij: 


^  I'Hi 


me  some  coarse  gold,  about  a  dollar's  worth,  he  found 
on  the  head  of  a  branch  of  the  Altsek  River  near  the 
head  of  Chilkat  Inlet,  which  is  inside  the  summit  of 
the  coast  range  and  of  course  in  our  territory.  From 
this  you  will  gather  that  we  have  a  very  large  area 
all  more  or  less  gold  bearing  and  which  will  all  yet  be 
worked. 

Good  quartz  has  been  found  in  places  just  across  the 
line  on  Davis  Creek,  but  of  what  extent  is  unknown, 
as  it  is  in  the  bed  of  the  creek  and  covered  with 
gravel.  Good  quartz  is  also  reported  on  the  hills 
around  Bonanza  Creek,  but  of  this  I  will  be  able  to 
speak  more  fully  after  my  proposed  survey.  It  is 
pretty  certain  from  information  I  have  got  from  pros- 
pectors that  all  or  nearly  all  of  the  northerly  branch  of 
White  River  is  on  our  side  of  the  line,  and  copper  is 
found  on  it,  but  more  abundantly  on  the  southerly 
branch  of  which  a  great  portion  is  in  our  territory 
also,  so  it  is  probable  we  have  that  metal,  too.  I 
have  seen  here  several  lumps  of  copper  brought  by 
the  natives  from  White  River,  but  just  from  what 
part  is  uncertain.  I  have  also  seen  a  specimen  of  sil- 
ver ore  said  to  have  been  picked  up  in  a  creek  flowing 
into    Lake   Bennet,    about    14   miles    down    it,    on    the 

east  side. 

m       *       *       *       * 


Before  closing  I  may  say  that  every  report  that 
comes  in  from  Bonanza  Creek  if,  more  encouraging 
than  the  last.  Prospecting  has  only  begun,  and  up  to 
date  of  mailing,  November  22nd,  1896,  very  rich  pros- 
pects have  been  found  on  the  few  claims  prospected 
on;  from  one  dollar  to  t..e  pan  of  dirt  up  to  twelve 
dollars  are  reported,  and  no  bed  rock  found  yet.  This 
means  from  $1,000  to  $12,000  per  day  per  man  sluicing. 


Cudahy,  Dec.  9,  1896. 

Since  my  last  the  prospects  on  Bonanza  Creek  and 
tributaries  are  increasing  in  richness  and  extent  until 
now  it  is  certain  that  millions  will  be  taken  out  of  the 
district  in  the  next  few  years. 

On  some  of  the  claims  prospected  the  pay  dirt  is  of 
great  extent  and  very  rich.  One  man  told  me  yester- 
day that  he  washed  out  a  single  pan  of  dirt  on  one  of 


OF    THE    UNITED   STATES. 


307 


the  claims  on  Bonanza  and  found  $14.25  in  it.  Of 
course  that  may  be  an  exceptionally  rich  pan,  but  $5 
to  $7  per  pan  is  the  average  on  that  claim  it  is  re- 
ported, with  5  feet  of  pay  dirt  and  the  width  yet  un- 
determined, but  it  is  known  to  be  30  feet  even  at  that; 
figure  the  result  at  9  to  10  pans  to  the  cubic  foot,  and 
500  feet  long;  nearly  $4,000,000  at  $5  per  pan— one-fourth 
of  this  would  be  enormous. 

Another  claim  has  been  prospected  to  such  an  ex- 
tent that  it  Is  known  that  there  is  about  5  feet  pay 
dirt  averaging  $2  per  pan  and  width  not  less  than  30 
feet.  Enough  prospecting  has  been  done  to  show  that 
there  are  at  least  15  miles  of  this  extraordinary  rich- 
ness; and  the  indications  are  that  we  will  have  3  or  4 
times  that  extent,  if  not  all  equal  to  the  above  at  least 
very  rich. 


m 


of 

5ter- 

le  of 


Cudahy,  Jan.   11,  1897. 

The  reports  from  the  Thron-Diuck  region  are  still 
very  encouraging;  so  much  so  that  all  the  other  creeks 
around  are  practically  abandoned,  especially  those  on 
the  head  of  Forty  Mile  in  American  territory,  and 
nearly  one  hundred  men  have  made  their  way  up  from 
Circle  City,  many  of  them  hauling  their  sleds  them- 
selves. Those  who  cannot  get  claims  are  buying  in 
on  those  already  located.  Men  cannot  be  got  to  work 
for  love  or  money,  and  development  is  conseqiiently 
slow;  one  and  a  half  dollars  r  "  lour  is  the  wages 
paid  the  few  men  who  have  to  work  for  hire,  and 
work  as  many  hours  as  they  like.  Some  of  the  claims 
are  so  rich  that  every  night*  a  few  pans  of  dirt  sufllces 
to  pay  the  hired  help  when  there  is  any;  as  high  as 
$204  has  been  reported  to  a  single  pan,  but  this  is  not 
generally  credited.  Claim  owners  are  now  very  reti- 
cent about  what  they  get,  so  you  can  hardly  credit 
anything  you  hear;  but  one  thing  is  certain,  we  have 
one  of  the  richest  mining  areas  ever  found,  with  a  fair 
prospect  that  we  have  not  yet  discovered  its  lim- 
its. 

Miller  and  Glacier  Creeks  on  the  head  of  Sixty  Mile 
River,  which  my  survey  of  the  141st  meridian  deter- 
mined to  be  in  Canada,  were  thought  to  be  very  rich, 
but  they  are  poor  both  in  quality  and  quantity  com- 
pared with  Thron-Diuck. 


308 


MINEIIAL  LAND  LAWS 


^ 


!1 


Cudahy,  Jan.  23,  1897. 
Placer  prospects  continue  more  and  more  encourag- 
ing and  extraordinary.  It  Is  beyond  doubt  that  three 
pans  on  different  claims  on  Eldorado  turned  out  $204, 
S212  and  $216;  but  it  must  be  borne  in  mind  that  there 
were  only  three  such  pans,  though  there  are  many 
running  from  $10  to  $50. 


DISTANCES  FROM  JUNEAU. 

Miles. 

Haines  Mission   (Chilkat) SO 

Dyea 100 

Head  of  Canoe   Navigation   106 

Summit    of    Chilkoot    Pass 115 

Head  Lake  Lindeman 124 

Head   of   Lake    Bennett 129 

Foot  of  Lake   Bennett 155 

Foot    of    Caribou    Crossing 158 

Foot    of    Takou    (Tagish)    Lake 175 

Takisli    House    179 

Head    of    Mud    Lake 180 

Foot  of  Lake  Marsh 200 

Head   of   Canyon 225 

Foot    of    Canyon 226 

Head  of  White  Horse  Rapids 228 

Takaheena  River  240 

Head  of  Lake  Labarge 256 

Foof   of  Lake    Labarge 289 

Hootalinqua  River   ,320 

Cassiar    Bar    347 

Big   Salmon   River 352 

Little  Salmon  River 390 

Five   Fingers   Rapids 451 

Rink  Rapids 457 

510 

606 

630 

651 

700 

704 

750 

750 

920 

70 

50 


Pelly   River 

White   River   

Stewart  River  

Sixty   Mile   Post 

Klondike   

Fort  Reliance  

Forty  Mile  Post 

Fort   Cudahy    

Circle  City  

Forty  Mile  Post  to  Diggiigs. 
Circle  City  to  Diggings... 


OF   THE    UNITED  STATES.  309 

Mouth  of  Cook  Inlet 700 

Turnasain    Arm    800 

Six    Mile   Creek 825 

Funter  Bay  47 

Berner  Bay  50 

Sitka    140 

Snettisham    32 

Sum  Dum  50 

Wrangell    160 

While  no  actual  sui  vey  has  been  made  of  the  route 
from  Juneau,  the  diKtances  given  have  been  carefully 
estimated,  and  will  be  found  approximately  correct. 

The  following  table  is  also  given  for  the  convenience 
of  those  traveling  over  the  Chilkoot  Pass: 

Miles. 

Dyea    0 

To  Chilkoot  Summit   15 

"    Head    Lake   Lindeman    9 

"    Foot  Lake  Lindeman   5 

"    Portage  to  Lake  Bennett  0% 

"    Foot  Lake   Bennett   26 

"    Caribou  Crossing   2V^ 

"    Foot  Tagish  Lake  16 

"    Head   Lake   Marsh    5 

"    Foot  Lake  Marsh    19 

"    Lewes  River  Canon  28 

"    From  Canon  to  White  Horse  Rapids 1V& 

"    To  Head  Lake  Labarge 27 

"    Foot  Lake  Labarge  31 

"    Teslintoo   River    317-10 

"    Big    Salmon    River    33V2 

"    Little  Salmon  River   36V4 

"    Eagle's   Nest    8 

"    Nordenskiold  River 32 

"    Five  Finger  Rapids  19 

"    Rink  Rapids   6 

"    Pelly  River   52y2 

"    Fort  Selkirk 1^4 

"    White  River   95 

"    Stewart  River  10 

"    Sixty  Mile  River  22V2 

"    Dawson   City   44V2 

"    Fort  Reliance    6^/2 

"    Forty  Mile  River   ^^ 

••    Circle   City    182 


'iff 

K 
"t 


Mi  I 


SlO 


MINERAL  LAND  LAWS 


EXTRACT    FROM    THE    REPORT    OP    THE    GOV- 
ERNOR OF  y.LASKA  FOR  THE  YEAR  1,S97. 

Outnt  for  two   men  for  fourteen  months,   food   and 
clothing,  Sitka  (Alaska)  prices,  August  1,  1897: 

4  barrels  best  flour,  at  $6 $  24.00 

200   pounds    granulated    sugar,    at    6    cents 12.00 

200  pouiids  navy  beans,  at  4  cents... 8.00 

100  pounds   of  corn  meal   2.75 

250  pounds  of  breakfast  bacon,  at  12^^  cents 31.25 

75  pounds  of  island  rice,  6  cents 4.50 

2    cases  condensed  milk 17.50 

20  pounds  salt    35 

25  pounds  best  Mocha  and  Java  coffee 8.75 

10  pounds  best  tea  4,50 

8  pounds  soda  70 

20   pounds   baking   powder 9.20 

25  pounds  dried  apricots 2.50 

25  pounds  dried  peaches  2.50 

25  pounds  dried  apples 2.25 

2  boxes  candles   5.00 

1  box  pepper,  25  cents;    soap  $1 125 

3  boxes  yeast,  25  cents;    one-half  tin  matches,  50c  .75 

1  Yukon  stove  complete  6.00 

3  half-spring  shovels  3.00 

3  miner's  picks  3.00 

1  double-bladed  ax  complete   1.50 

13  oil  sacks,  50's  and  lOO's 7.55 

2  gold  pans,   $1;    one  coffee  mill,  35  cents 1.35 

12  pounds  condensed  onions  6.00 

10  pounds  evaporated  spuds 2.50 

40  pounds  rope  B.OO 

Toilet    soap 50 

6  tin  plates,  50  cents;    3  granite  cups,  50  cents..  1.00 

1  coffee  pot,   40  cents;    whotstone,   20  cents fiO 

Awls,    shoe    thread,    wax,    bristles,    etc 1.00 

2  Fry  pans,  $1.00;  flsh  line  and  hooks,  50  cents..      1.50 

2  —  extract  of  beef 1.00 

6  assorted  flies,  60  cents;    oil  blacking,  50  cents..      1.10 

1  package  chocolate   30 

2  miner's  candlesticks   1.00 

1    Iron    brace   and    bits 1.75 

24  pounds  raisins,  10  cents 2.40 


OP   TIIK    UNITED   STATES. 


311 


Outfit  for  boat: 

30  pounds  nails,  $l.[iO;    5  pounrls  whito  lead,  60c..  2.10 

Candle   wicking,   20c;    1   ij-inch   auger,    $I.U5 1.45 

Oakum,  25  cents;    pitcli,  25  cents   50 

1  hanr"  saw,  $1.50;  1  jack  plane,  75c 2.25 

Paint  brush,  25c;   4  candle  wicks,  40c 65 

2  pairs  oars,   $1.75;    oarlocks,   40c 2.15 

3  pal.3  heavy  wool  blankets   20.50 

2  pairs  pack  straps,   $3.00;    1  hand   ax,   $1.00 4.00 

2  pairs  hip  rubber  boots,   leather  soles,   $6.00 12.00 

2   pairs   high    top    lace    shoes  — , 7.50 

4  pairs  German  socks,  75c 3.00 

2  pairs   lumberman's   rubbers    3.00 

2  pairs  suspenders    75 

4  suits  heavy   wool   underwear 12.00 

4   dark   blue    flannel   overshirts 8.00 

4  pairs  Mackinaw   pants 11.00 

2  Mackinaw  coats 6.00 

2    blanket    coats    8.00 

12    pairs    socks,    wool 4.50 

6   pairs   wool    mittens    3.00 

40  yards   mosquito  netting    1.00 

11  buckskin  pouches   5.00 

1  magnet,  50  cents;  2  pairs  goggles,  50  cents 1.00 

2  pairs  snow  glasses 1.00 

1  dozen  bandana  handkerchiefs   1.00 

1  lot  spoons,  knives  nnd  forks 1.35 

1  butcher  knife  75 

4  oil   blankets   6.00 

1  lot  buckets,   pa.. J.    cooking  utensils,   etc 3.35 

2  sou'westers,    $1.00;     tent,    $12.00 13.00 

1  41  Colt's  revolver  and   ammunition 15.00 

1  Winchester  rifle  and  ammunition 18.00 

2  fur  caps   2.50 

1  whlpsaw    5.50 


fB 


I 


312  MINERAL  LAND  LAWS 

CIVIL    GOVERNMENT    FOR    ALASKA. 

An  Act  to  amend  section  eight  of  the  Act  entitled 
"An  Act  providing  a  civil  government  for  Alaska," 
approved  May  seventeenth,  eighteen  hundred  and 
eighty-four,  to  create  the  office  of  surveyor-general  for 
Alaska,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentativf-s  of  the  United  States  of  America  in  Con- 
gress assembled,  That  section  eight  of  an  Act  entitled 
"An  Act  providing  a  civil  government  for  Alaska"  be, 
and  the  >:ame  is  hereby,  amended  by  striking  out  the 
words  "The  Commissioner  provided  for  by  this  Act  to 
reside  in  Sitka  shall  be  ex-officio  register  of  said  land 
office,  and  the  clerk  provided  for  by  this  Act  shall  be 
ex-officio  receiver  of  public  moneys,  and  the  marshal 
provided  for  by  this  Act  shall  be  ex-officio  surveyor- 
general   of  said   district." 

Sec.  2.  That  there  shall  be  appointed  by  the  Presi- 
dent, by  and  with  the  advice  and  consent  of  the 
Senate,  a  surveyor-general  for  the  District  of  Alaska, 
embracing  one  surveying  district. 

Sec.  3.  That  the  surveyor-general  of  Alaska  shall 
receive  a  salary  at  the  rate  of  two  thousand  dollars 
per  annum. 

Sec.  4.  The  President  is  authorized  and  empowered, 
in  his  discretion,  to  divide  said  Territory  into  two  land 
districts  and  to  designate  the  boundaries  thereof,  and 
he  is  also  authorized  and  empowered  to  appoint,  by 
and  with  the  advice  and  consent  of  the  Senate,  a  regis- 
ter of  said  additional  land  office  and  receiver  of  public 
moneys  therefor,  and  in  case  of  the  creation  of  such 
additional  land  district  the  surveyor-general  shall 
serve  in  both  districts. 

Approved  July  24,  1897.  S.  L.,  1st  Sess.  55th  Cong., 
p.  215. 

[See  Sec.  8  of  the  Act  approved  May  17,  1884,  page  IGl 
hereof]. 

[Note.  The  amendment  made  by  the  first  section  of 
the  above  quoted  act  left  the  appointment  of  the  Sitka 
land  officers  to  be  governed  by  Sec.  2234,  U.  S.  Revised 
Statutes,  which  rends  as  follows:  "There  shall  be 
appointed  by  the  President,  by  and  witTi  the  advice  and 
consent  of  the  Senate,  a  register  of  the  land  office  and 
a   receiver  of   public    moneys,    for    each    land    district 


!i 


OP    THE    UNITED    STATES. 


313 


established  by  law,"  and  left  the  appointment  of  (ho 
survey or-g-eneral  as  provided  by  Section  2207,  U.  S. 
Revised  Statutes,  which  reads  as  follows:  "There 
shall  be  appointed  by  the  President,  by  and  with  the 
consent  of  the  Senate,  a  surveyor-general  for  the 
States  and  Territories  herein  named,  embracing-,  re- 
spectively, one  surveying  district,  namely,    •    *    *"]. 


AN  ACT  TO  REPEAL  TIMBER-CULTURE   LAWS, 
AND  FOR  OTHER   PURPOSES. 


I: J  i 


Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  United  States  of  America  in  Congress 
assembled,    *    *    *    * 

Sec.  11.  That  until  otherwise  ordered  by  Congress 
lands  in  Alaska  may  be  entered  for  town-site  pur- 
poses, for  the  several  use  and  benefit  of  the  occupants 
of  .such  town  sites,  by  such  trustee  or  trustees  as  may 
be  named  b\  he  Secretary  of  the  Interior  for  that  pur- 
pose, ijuch  entries  to  be  made  under  the  provisions  of 
section  twenty-three  hundred  and  eighty-seven  of  the 
Revised  Statutes  as  near  as  may  be;  and  when  such 
entries  shall  have  been  made  the  secretary  of  the  In- 
terior shall  provide  by  regulation  lor  the  proper  exe- 
cution of  the  trust  in  favor  of  the  inlnibitants  of  the 
town  site,  including  the  survey  of  the  land  into  lots, 
according  to  the  spirit  and  intent  of  said  section 
twenty-three  hundred  and  eighty-seven  of  the  Revised 
Statutes,  whereby  the  same  results  would  be  reached 
as  though  the  entry  had  been  made  by  a  county  judge 
and  the  disposal  of  the  lots  in  sii<  ii  town  site  and  the 
proceeds  of  the  sale  thereof  had  been  prescribed  by 
the  legislative  authority  of  a  State  or  Territory:  Pro- 
vided, That  no  more  than  six  hundred  and  forty  acres 
shall  be  embraced  in  one  town-site  entry. 

Sec.  12.  That  any  citizen  of  the  United  States  twen- 
ty-one years  of  age,  and  any  association  of  such 
citizens,  and  any  corporation  Incorporated  under  the 
laws  of  the  United  States,  or  of  any  State  or  Territory 
of  the  United  States  now  authorized  l)y  law  to  hold 
lands  in  the  Territories  now  or  hereafter  in  possession 
of  and  occupying  public  lands  In  Alaska  for  the  pur- 
pose of  trade  or  manufactures,  may  purchase  not  ex- 
ceeding one  hundred  and  sixty  acres,  to  be  taken  as 


au 


MINERAL  LAND  L.vVS 


near  as  practicable  in  a  square  form,  of  such  land  at 
two  dollars  anrT  lifty  cents  per  acre:  Provided,  That 
in  case  more  than  one  person,  association,  or  cor- 
poration shall  claim  the  same  tract  of  land  the  person, 
association,  or  corporation  having  the  prior  claim  by 
reason  of  possession  and  continued  occupation  shall 
be  entitled  to  purchase  the  same;  but  the  entry  of  no 
person,  association,  or  corporation  shall  include  im- 
provements made  by  or  in  possession  of  another  prior 
to  the  passage  of  this  act. 

Sec.  13.  That  it  shall  be  the  duty  of  any  person,  as- 
sociation, or  corporation  entitled  to  purchase  land 
under  this  act  to  make  an  application  to  the  United 
States  marshal,  ex-offlcio  surveyor-general  of  Alaska, 
for  an  estimate  of  the  cost  of  making  a  survey  of  the 
lands  occupied  by  such  person,  association,  or  corpora- 
tion, and  the  cost  of  the  clerical  work  necessary  to  be 
done  in  the  office  of  the  said  United  States  marshal, 
ex-offlcio  surveyor-general;  and  on  the  receipt  of  such 
estimate  from  the  United  States  marshal,  ex-cfflclo 
surveyor-general,  the  said  person,  association,  ov  cor- 
poration shall  deposit  the  amount  In  a  United  States 
depository,  as  is  required  by  section  numbered  twenty- 
four  hundred  and  one.  Revised  Statutes,  relating  to 
deposits  for  surveys. 

That  on  the  receipt  by  the  United  States  marshal,  ex- 
offlclo  surveyor-general,  of  the  said  certificates  of  de- 
posit, he  shall  employ  a  competent  person  to  make 
such  survey,  under  such  rules  and  regulations  as  may 
be  adopted  by  the  Secretary  of  the  Interior,  who  shall 
make  his  return  of  his  field  notes  and  maps  to  the 
office  of  the  said  United  States  marshal,  ex-offlcio  sur- 
veyor-general; and  the  said  United  i}t«tes  marshal, 
ex-offlcio  surveyor-general,  shall  cause  the  said  field 
notes  and  plats  of  such  survey  to  be  examined,  and,  if 
correct,  approve  the  same,  and  shall  transmit  certified 
copies  of  such  maps  and  plats  to  the  office  of  the  Com- 
missioner of  the  General  Land  Office. 

That  when  the  said  field  notes  and  plats  of  said 
survey  shall  have  been  approved  by  the  said  Com- 
missioner of  the  Gentral  Land  Office,  he  shall  notify 
such  person,  association,  or  corporation,  who  shall 
then  within  six  months  after  such  notice,  pay  to  the 
Siild  United  States  marshal,  ex-offlcio  surveyor-general, 
for  such  land,  and  patent  shall  Issue  for  the  same. 


Of   THE    UNITED  STATES. 


316 


Sec.  14.  That  none  of  the  provisions  of  the  last  two 
preceding  sections  of  this  act  shall  be  so  construetl 
as  to  warrant  the  sale  of  any  lands  belonging  to  the 
United  States  which  shall  contain  coal  or  the  precious 
metals,  or  any  town  site,  or  which  shall  be  occupied 
by  the  United  States  for  public  purposes,  or  which 
shall  be  reserved  for  such  purposes,  or  to  which  the 
natives  of  Alaska  have  prior  rights  by  virtue  of  actual 
occupation,  or  which  shall  be  selected  by  the  United 
States  Commissioner  of  Fish  and  Fisheries  on  the 
islands  of  Kadiak  and  Afognak  for  the  purpose  of 
establishing  fish-culture  stations.  And  all  tracts  of 
land  not  exceeding  six  hundred  and  forty  acres  in 
any  one  tract  now  occupied  as  missionary  stations  in 
said  district  of  Alaska  are  hereby  excepted  from  the 
operation  of  the  last  three  preceding  sections  of  this 
act.  No  portion  of  the  islands  of  the  Prib^lov  Group 
or  the  Seal  Islands  of  Alaska  shall  be  subject  to  sale 
under  this  act;  and  the  United  States  reserves,  and 
there  shall  be  reserved  in  all  patents  issued  under 
the  provisions  of  the  la?*^  two  preceding  sections  the 
right  of  the  United  States  to  regulate  the  taking  of 
salmon  and  to  do  all  things  necessary  to  protect  and 
prevent  the  destruction  of  salmon  in  all  the  waters  of 
the  lands  granted  frequented  by  salmon. 

Sec.  15.  That  until  otherwise  provided  by  law  the 
body  of  lands  known  as  Annette  Islands,  situated  in 
Alexander  Archipelago  in  Southeastern  Alaska,  on 
the  north  side  of  Dixon's  Entrance,  be,  and  the  same 
is  hereby,  set  apart  as  a  reservation  for  the  use  of  the 
Me;lakahtla  Indians,  and  those  people  known  as  Met- 
lakahtlans  who  have  recently  emigrated  from  British 
Columbia  to  Alaska,  and  such  other  Alaskan  natives 
as  may  join  them,  to  be  held  and  used  by  them  in 
common,  under  such  rules  and  regulations,  and  sub- 
ject to  such  restrictions  as  may  be  prescribed  from 
time  to  time  by  the  Secretary  of  the  Interior. 

Approved,  March  3,  1891,  2G  Stat.,  1095. 


non-minf:ral  entries  in  Alaska. 


The  following  rules  and  regulations  are  provided  to 
carry  into  effect  the  provisions  of  Sections  11   to  15, 


316 


MINERAL  LAND  LAWS 


inclusive,  of  the  act  of  March  3,  1891  (2G  Stat.  L„  1095), 
relating-  to  the  survey  and  entry  of  lands  in  Alaska 
(adopted   June   3,   1891,   12   L.    D.,   r)83): 

1.  Applications  for  surveys  must  be  made  in  writ- 
ing by  the  person  entitled  to  purchase  land  under  said 
act  or  by  the  authorized  agent  of  the  association  or 
.corporation  so  entitled.  The  application  must  par- 
ticularly describe  the  character  of  the  land  sought  to 
be  surveyed  and,  as  accurately  as  possible,  its  geo- 
graphical position,  with  the  character,  extent,  and  ap- 
proximate value  of  the  improvements.  If  a  private 
survey  had  previously  been  made  of  the  land  occupied 
by  the  applicant  a  copy  of  the  plat  and  field  notes  of 
such  survey  should  accompany  the  application,  which 
must  also  state  that  the  land  contains  neither  coal  nor 
the  precious  metals,  with  reasons  for  such  statement; 
that  no  part  of  the  land  described  in  the  application  in- 
cludes improvements  made  by  or  in  possession  of  an- 
other prior  to  the  passage  of  said  act;  that  it  does 
not  include  any  land  to  which  natives  of  Alaska  have 
prior  rights  by  virtue  of  actual  occupation;  that  it 
does  not  include  a  portion  of  any  town  site  or  lands 
occupied  by  missionary  stations,  or  any  lands  occu- 
pied or  reserved  by  the  United  States  for  public  pur- 
poses or  selected  by  the  United  States  Commissioner 
of  Pish  and  Fisheries,  or  any  lands  reserved  from  sale 
under  the  provisions  of  this  act.  These  statements 
must  be  verified  by  affidavit. 

2.  If  upon  examination  the  application  shall  be  ap- 
proved by  the  ex  officio  surveyor-general  he  will  fur- 
nish the  applicants  with  two  separate  estimates,  one 
for  the  field  work  and  one  for  office  work,  the  lat- 
ter to  include  clerk  hire  and  the  necessary  stationery. 
The  ex  officio  surveyor-general  will  be  careful  to  esti- 
mate adequate  sums  in  order  to  avoid  the  necessity 
for  additional  deposits. 

3.  Upon  receiving  such  estimates  applicants  may  de- 
posit in  a  proper  United  States  depository,  to  the  credit 
of  the  Treasury  of  the  United  States,  on  account  of 
surveying  the  public  lands  in  Alaska  and  expenses  in- 
cident thereto,  the  sums  so  estimated  as  the  total 
cost  of  the  survey,  including  field  and  office  work. 

4.  The  original  certificate  must  in  every  case  be 
forwarded  to   the  Secretary  of  the  Treasury,   the  du- 


i 


OF   THE    UNITED   STATES. 


817 


plicate  to  the  ex  officio  surveyor-general,  the  trip- 
licate to  be  retained  by  the  applicant  as  his  receipt. 

5.  The  triplicate  certificate  of  deposit  will  be  receiv- 
able in  payment  to  the  extent  of  the  amount  of  such 
certificate  for  the  land  purchased,  the  surveying  of 
which  is  paid  for  out  of  such  deposit,  as  provided  in 
Section  2403  of  the  Revised  Statutes.    (See  par.  9,  post.) 

6.  Where  the  amount  of  the  certificate  or  certificates 
is  less  than  the  value  of  the  lands  taken  the  balance 
must  be  paid  in  cash.  But  where  the  certificate  is  for 
an  amount  greater  than  the  cost  of  the  land  and  is 
surrendered  in  full  payment  for  such  land,  the  United 
States  marshal,  ex  officio  surveyor-general,  will  in- 
dorse on  the  triplicate  certificate  the  amount  for  which 
it  is  received  and  will  charge  the  United  States  with 
that  amount  only.  There  is  no  provision  of  law  au- 
thorizing the  issue  of  duplicate  certificates  for  certifi- 
cates lost  or  destroyed. 

7.  Where  the  amount  of  the  deposit  is  greater  than 
the  cost  of  survey,  including  field  and  office  work,  the 
excess  is  repayable,  as  under  the  provisions  of  Section 
2402  of  the  Revised  Statutes,  upon  an  account  to  be 
stated  by  the  ex  officio  surveyor-general,  who  will  in 
all  cases  be  careful  to  express  upon  the  plats  of  each 
survey  the  amount  deposited  as  the  cost  of  survey  in 
the  field  and  office  work  and  the  amount  to  be  re- 
funded in  each  case.  No  provision  of  law  exists,  how- 
ever, for  refunding  to  other  than  the  depositor. 

8.  Before  transmitting  accounts  for  refunding  ex- 
cesses the  ex  officio  surveyor-general  will  indorse  on 
the  back  of  the  triplicate  certificate  the  following: 
"$ refunded  to by  account  trans- 
mitted to   the  General  Land  'Vffice  with   letter  dated 

,"   r.id   will   state   in   the   account   that   he  has 

mace  s"  .a  indorsement.  Where  the  whole  amount  de- 
positea  is  to  be  refunded  the  ex  officio  surveyor-gen- 
eral will  require  the  depositor  to  surrender  the  tripll- 
cat5  certifica':e  and  will  transmU  it  to  this  office  with 
the  account. 

9.  The  provisions  of  Section  2403  of  the  Revised  Stat- 
utes, as  amended  by  the  act  of  March  3,  1879  (20  Stat. 
Li.,  p.  %2),  relating  to  the  assignment  of  certificates 
by  indorsement,  are  not  applicable  to  certificates  of  de- 
posit for  surveys  in  Alaska  under  said  act  of  March 
3,  1S91,  for  the  reason  that  the  former  statute  contem- 


318 


MINERAL  LAND  LAWS 


plates  the  use  of  the  certificates  after  assignment  by 
settlers  under  the  pre-emption  and  homestead  laws  of 
the  United  States  and  not  otherwise.  Therefore  these 
triplicate  certificates  can  only  be  used  by  the  respective 
depositors  in  payment  for  lands  in  Alaska. 

10.  The  amount  shown  on  the  face  of  the  certificate 
to  have  been  deposited  for  "office  work"  will  be  placed 
to  the  credit  of  the  ex  oflficio  surveyor-general,  and 
upon  his  requisition  an  advance  will  be  made  to  him 
from  the  Treasury  Department  to  pay  the  expenses  of 
said  "office  work."  He  will  render  quarterly  accounts 
of  such  funds  to  the  General  Land  Office  upon  blanks 
furnished  him  for  that  purpose. 

11.  The  amount  deposited  for  "field  work"  will  be 
placed  to  the  credit  of  said  work,  and  will  be  expended 
in  the  payment  of  the  surveying  accounts  of  the  dep- 
uty surveyors  when  the  surveys  are  accepted  and  the 
accounts  adjusted  in  this  ofiSce  and  transmitted  to  the 
First  Comptroller  of  the  Treasury  for  payment  from 
said  deposits. 

12.  The  contract  system  Is  not  deemed  applicable  to 
the  class  of  surveys  contemplated  by  the  said  act  of 
March  3,  1891,  owing  to  the  small  amounts  which  will 
doubtless  be  involved  in  many  of  the  surveys  and  par- 
ticularly in  view  of  the  great  distance  between  this 
office,  and  tiiat  of  the  ex  ofi^icio  surveyor-general,  and 
the  consequent  inconvenient  delays  in  correspondence. 
The  ex  officio  surveyor-general  will  therefore  ap.ioint 
as  many  competent  deputy  surveyors  as  may  be  neces- 
sary for  the  prompt  execution  of  the  surveys,  who 
will  each  be  required  to  enter  Into  a  bond  in  the  penal 
sum  of  $5,000  for  the  faithful  execution,  according  to 
law  and  the  instructions  of  the  Commissioner  of  the 
General  Land  Office  and  the  United  States  marshal, 
ex  officio  surveyor-general  of  Alaska,  of  all  surveys 
which  are  required  of  him  to  be  made  in  pursuance  of 
his  appointment  as  United  States  deputy  surveyor, 
and  for  the  return  of  said  surveys  to  the  United 
States  marshal,  ex  officio  lurveyor-general,  as  re- 
quired by  law  and  instructions.  The  bonds,  in  dupli- 
cate, will  be  forwarded  for  acceptance  by  this  office. 
Upon  appointment  the  deputy  must  take  the  oath  of 
office  required  by  Section  2223  of  the  Revised  Statutes. 

13.  When  the  duplicate'  certificates  of  dt'i)osi1;  of  the 
amounts  estimated  for  field  and  office  work  shall  have 


III 


If 


OF   THE    UNITED   STATES. 


310 


been  received  by  the  ex  officio  surveyor-general,  the 
requisite  instructions  for  the  surveys  and  making  re- 
turns thereof  will  be  issued  to  the  deputy  surveyor  who 
may  be  designated  to  do  the  work.  The  amount  of 
compensation  to  the  deputy  surveyor  must  be  stated 
in  the  instructions,  and  the  same  must  not  exceed  the 
amount  deposited  for  the  field  work.  The  land  to  be 
surveyed  under  any  one  application  can  not  exceed  IGO 
acres,  and  it  must  be  in  one  compact  body  and  as 
nearly  in  square  form  as  the  circumstances  and  con- 
figuration of  the  land  will  admit. 

14.  The  instruments  used  in  the  execution  of  these 
surveys  should  be  the  same  as  those  required  for  sub- 
divisional  surveys  of  public  lands  (see  paragraphs  6, 
7,  8  and  9,  pp.  19  and  20,  of  Manual  of  Surveying  In- 
structions, dated  June  30,  1894),  and  must  be  registered 
and  tested  at  the  ex  ofl^icio  surveyor-general's  office,  as 
directed  in  paragraph  8,  page  20,  of  the  Manual. 

15.  The  surveys  will  be  numbered  consecutively,  be- 
ginning with  number  1.  The  true  magnetic  variation 
must  be  noted  at  tho  beginning  point  r>f  each  survey, 
as  well  as  any  marked  changes  during  the  progress  of 
the  work,  and  at  the  end  of  each  line  of  the  survey  the 
character  of  the  soil  and  the  amount  of  timber,  etc., 
must  be  noted  at  the  end  of  the  record  thereof.  The 
requirements  In  the  ''summary  of  objects  and  data  re- 
quired to  be  noted,"  as  set  forth  in  the  instructions  for 
the  survey  of  public  lands  (pp.  58  and  59  of  the  Manual), 
must  be  observed  by  the  deputy  in  these  surveys.  All 
corners  must  be  marked  by  stone  monuments,  con- 
taining not  less  than  1,728  cubic  inches.  At  the  begin- 
ning point  upon  the  outboundaries  of  each  tract  sur- 
veyed a  corner  must  be  established  with  two  pits 
(when  practicable)  «of  the  C'ze  required  for  standard 
township  corners,  one  upon  each  side  of  the  corner  on 
the  line,  and  6  feet  distant.  Upon  the  side  of  sucn  cor- 
ner facing  the  claim,  the  stone  will  be  marked  "S.  No. 

"  (for  survey  No. ),  and  immediately  under  the 

same,  the  letters  "Beg.  Cor.  I"  (for  beginning  corner 
1).  These  marks  must  be  neatly  and  deeply  cut,  for 
the  sake  of  legibility  and  permanence.  From  the  be- 
ginning corner  the  deputy  will  proceed  to  survey  the 
.several  lines  of  the  tract,  in  accordance  with  the  in- 
structions of  the  ex  officio  surveyor-general,  marking 
each  corner  on  the  side  facing  the  claim  with  number 


320 


MINERAL  LAND  LAWS 


Of  the  survey,  and  "Cor.  No.  II,"  "Cor.  No.  Ill,"  etc., 
with  pits  of  the  size  hereinbefore  prescribed,  upon  the 
lines  closing  upon  and  starting  from  each  corner  and 
6  feet  distant.  Such  other  marks  in  addition  to  those 
above  described,  will  be  placed  upon  the  corners  as 
may  be  required  by  the  ex  officio  surveyor-general  in 
his  special  written  instructions.  As  far  as  practicable, 
bearings  and  distances  must  be  taken  from  each  of 
the  corners  to  two  or  more  trees  or  prominent  natural 
objects,  if  any,  within  a  convenient  distance,  in  the 
same  manner  as  required  in  the  instructions  for  the 
survey  of  public  lands,  ^nd  such  trees  or  objects  must 
be  marked  with  the  number  of  the  survey  and  under- 
neath the  same  the  letters  "B.  T."  or  "B.  O."  as  the 
case  may  be. 

16,  Where  a  tract  to  be  surveyed  fronts  upon  tide 
water,  the  front  or  meander  line  of  the  tract  will  be 
run  at  ordinary  high-water  mark,  and  the  side  lines 
of  the  tract  will  terminate  at  such  high-water  mark, 
thus  excluding  from  survey  and  disposal  all  lands 
situated  between  high  and  low  water  marks.  At  the 
corners  marking  the  termini  of  lines  at  high-water 
mark,  one  pit  only  will  be  dug,  of  the  size  prescribed 
in  the  Manual  for  meander  corners,  on  the  side  toward 
the  land  and  6  feet  distant.  At  all  corners  where 
pits  are  impracticable,  a  mound  of  stone  (consisting 
of  not  less  than  four  stones,  the  mound  to  be  at  least 
1%  feet  high  with  2  feet  base)  must  be  constructed, 
and  in  cases  where  pits  are  practicable,  if  the  deputy 
prefers  raising  a  mound  of  stone,  or  stone  covered  with 
earth,  as  more  likely  to  perpetuate  the  corner,  he  will 
be  permitted  to  do  so.  For  a  mound  of  stone  "covered 
with  earth"  the  height  and  base  will  be  the  same  as 
required  by  the  Manual  for  a  «iound  of  earth  for 
township  corners.  Boundaries  or  portions  of  bound- 
aries of  previously  established  surveys  which  also  form 
a  portion  of  the  boundaries  of  the  claim  to  be  sur- 
veyed will  be  adopted  so  far  as  common  to  both  sur- 
veys. 

17.  The  proper  blank  books  for  field  notes  will  be 
furnished  by  the  ex  officio  surveyor-general,  and  in 
such  books  the  deputy  surveyor  must  make  a  faith- 
ful, distinct  and  minute  record  of  everything  officially 
done  and  observed  by  himself  and  his  assistants  pur- 
suant to  instructions  in  relation  to  running,  measuring 


r 


m 


OF    THE    UNITED   STATED. 


321 


and  marking  lines  and  establishing  corners,  and  pre- 
sent as  far  as  possible  a  full  and  complete  topograph- 
ical description  of  the  tract  surveyed.  From  the  data 
thus  recorded  at  the  time  when  the  work  is  done  on 
the  ground  the  deputy  must  prepare  the  true  field 
notes  of  the  surveys  executed  by  him  and  return  the 
same  to  the  ex  officio  surveyor-general  at  the  earliest 
practicable  date  after  the  completion  of  his  work  in 
the  field.  The  true  field  notes  are  in  no  case  to  be 
made  out  In  the  office  of  the  ex  officio  surveyor-gen- 
eral. The  true  field  notes  and  the  transcript  field  notes 
for  this  office  must  be  written  in  a  bold,  legible  hand, 
in  durable  black  ink,  upon  paper  of  foolscap  size.  Each 
survey  will  be  complete  iji  itself.  The  first  or  title 
page  of  each  set  of  field  notes  is  to  describe  the  sub- 
ject-matter of  the  same,  the  locus  of  the  survey,  by 
whom  surveyed,  the  date  of  the  instructions,  and  the 
dates  of  the  commencement  and  completion  of  the 
work.  A  general  description  of  each  tract  must  be 
given  at  the  end  of  the  field  notes  of  the  survey  of  the 
same,  which  description  miist  embrace  a  brief  state- 
ment of  the  main  features  of  the  tract  surveyed,  char- 
acter of  the  land,  timber,  and  other  natural  growth, 
whether  there  are  any  indications  of  mineral,  charac- 
teristics of  mountains,  streams,  etc.,  and  the  extent 
and  character  of  the  improvements.  All  facts  relative 
to  the  present  occupancy  of  the  land  must  be  particu- 
larly noted.  In  preparing  the  true  field  notes  of  the 
survey  the  form  prescribed  in  the  Manual  will  be  fol- 
lowed as  nearly  as  practicable.  The  names  of  as- 
sistants, with  duties  assigned  to  each,  and  the  pre- 
liminary and  final  oaths  of  assistants  and  final  oath 
of  the  deputy  must  be  attached  to  the  field  notes  of 
each  survey.  The  deputy  surveyor  must  return  with 
the  field  notes  a  topographical  map  or  plat  of  the  sur- 
vey. As  far  as  practicable  all  objects  described  in 
the  field  notes  and  the  main  features  of  the  tract  sur- 
veyed, including  location  of  buildings,  streams,  moun- 
tains, etc.,  must  be  protracted  upon  such  plat  as  ac- 
curately as  possible.  The  course  and  length  of  each 
line  will  be  expressed  upon  the  plat.  The  deputy  will 
note  all  objections  to  his  survey  that  may  be  brought 
to  his  knowledge,  and  the  ex  officio  surveyor-general 
will  promptly  report  tp  this  office  ail  complaints  made 

21 


I.il 


I  ii 


I  {'I 

ili 


322 


MINERAL  LAND  LAWS 


to  him  and  send  up  all  protests  filed  in  his  office,  to- 
gether with  a  full  report  thereon, 

18.  From  the  plat  and  field  notes  submitted  by  the 
deputy  surveyor,  the  official  plat  will  be  prepared  In 
triplicate,  the  original  to  be  retained  in  the  office  of 
the  ex  officio  surveyor-general,  the  duplicate  to  b"-  for- 
warded to  this  office,  and  the  triplicate,  after  notice 
of  approval  by  the  Commissioner,  to  be  filed  in  United 
States  district  land  office.  All  plats  of  these  surveys 
must  be  made  upon  drawing  paper  of  the  best  quality, 
and  of  uniform  size,  19  by  24  inches  (the  size  used  for 
township  plats  of  public  land  surveys).  Upon  each 
plat  will  be  placed  an  appropriate  title  and  the  certifi- 
cate of  approval  by  ex  officio  surveyor-general.  The 
title  will  be  placed  upon  the  upper  right-hand  corner 
of  the  plat.  Immediately  below  will  be  placer^  tiic  ex 
officio  surveyor-general's  approval,  with  suu.  ujnt 
space  on  the  lower  right-hand  corner  for  the  Com- 
missioner's approval.  In  all  cases  where  the  tracts 
are  bounded  in  part  by  meanders,  a  table  of  the 
courses  and  distances  of  such  meanders  will  be  placed 
upon  the  plat.  When  the  claim  approaches  160  acres 
in  extent,  the  plat  may  be  protracted  upon  a  scale  of 
5  chains  to  1  inch.  For  surveys  of  smaller  extent  the 
scale  may  be  suitably  increased.  A  clear  margin  2 
inches  in  width  should  be  left  upon  all  sides  of  each 
plat.  The  magnetic  declination  must  be  indicated  upon 
the  plats;  also  the  scale  of  protraction.  The  use  of  all 
fluids,  except  a  preparation  of  India  ink  of  good  qual- 
ity, must  be  avoided  by  the  draftsman  in  the  delinea- 
tion of  these  surveys.  All  lines,  figures,  etc.,  must  be 
sharply  defined.  All  lettering  on  the  plats  must  be 
clear  and  sharp  in  outline  and  design,  and  ornamenta- 
tion of  any  kind  is  prohibited. 

19.  One  copy  of  the  instructions  to  the  deputy  must 
be  forwarded  with  the  returns  of  survey,  and  one  copy 
must  accompany  the  account  of  the  deputy.  The  re- 
turns and  account  will  be  forwarded  with  separate 
letters  of  transmittal. 

20.  The  survey  having  been  approved,  it  shall  be 
the  duty  of  such  person,  association,  or  corporation, 
within  six  months  after  notice  thereof,  to  apply  in 
writing  to  the  United  States  Court  Commissioner,  ex 
officio  register  of  the  Sitka  land  office,  to  make  proof 
and  entry,  in  due  form,  reciting  the  name  of  the  party 


OF    THE    UNITED   STATES. 


323 


who  will  make  the  entry,  the  name  and  geographical 
location  of  the  land  applied  for,  the  place  and  date 
of  making  proof,  and  the  names  of  four  witnesses  by 
whom  it  is  proposed  to  establish  the  right  of  entry. 
This  notice  will  be  published  by  said  commissioner 
once  a  week  for  six  consecutive  weeks,  at  the  ap- 
plicant's expense,  in  a  newspaper  published  nearest 
to  the  land  applied  for.  Copies  of  said  notice  must  be 
posted  in  the  office  of  the  ex  officio  register,  and  in  a 
conspicuous  place  upon  the  land  applied  for,  for  thirty 
days  next  preceding  the  date  of  making  proof.  The 
required  proof  shall  consist  of  the  affidavits  of  the 
applicant  and  two  of  the  published  witnesses,  and 
shall  show: 

First.  The  actual  use  and  occupancy  of  the  land  as 
a  trading  post  or  for  manufacturing  purposes. 

Second.  The  date  when  the  land  was  first  so  occu- 
pied. 

Third.  The  number  of  inhabitants  and  character 
and  value  of  improvements  thereon,  and  the  annual 
value  of  the  trade  or  business  conducted  upon  the 
land. 

Fourth.  The  non-mineral  character  of  the  land  as 
prescribed  in  said  act. 

Fifth.  That  no  portion  of  the  land  applied  for  is  oc- 
cup'ed  or  reserved  for  any  purpose  by  the  United 
Slates,  or  occupied  or  claimed  by  any  natives  of 
Alaska,  or  occupied  as  a  town  site  or  missionary  sta- 
tion, and  that  the  tract  does  not  include  improve- 
ments made  by  or  in  possession  of  another  person, 
association,  or  corporation  prior  to  the  passage  of 
said  act. 

Sixth.  If  the  entry  is  made  for  the  benefit  of  an  in-t 
dividual,  he  must  likewise  prove  his  citizenship  or  file 
record  evidence  of  his  declaration  of  intention  to  be- 
come a  citizen. 

Seventh.  If  the  entry  is  made  for  the  benefit  of  an 
association,  that  and  the  further  fact  that  over  20 
per  cent,  of  the  stock  of  the  association  is  not  held  by 
aliens,  must  be  established  by  the  certificate  of  the 
secretary  of  the  association. 

Eighth.  If  the  entry  is  made  for  the  benefit  of  a  cor- 
poration, that  must  be  established  by  the  certificate 
of  the  secretary  of  the  State  of  Oregon,  or  any  other 
officer  having  custody  of  the  record  of  incorporation, 


324 


MINERAL  LAND  LAWS 


and  the  further  fact  that  over  20  per  cent,  of  the 
stock  of  such  incorporated  company  is  not  held  by 
aliens  must  be  established  by  the  certificate  of  the 
secretary  of  the  company. 

Ninth.  Proof  of  publication  of  notice  for  the  re- 
quired time,  conr-'sting  of  the  affidavit  of  the  publisher 
to  that  effect,  accompanied  by  a  copy  of  the  published 
notice,  together  with  the  certificate  of  the  ex-officio 
register  as  to  the  posting  of  the  notice  in  his  office  and 
the  affidavit  of  the  party  who  posted  the  notice  upon 
the  land  applied  for,  reciting  the  fact  and  date  of  post- 
ing said  notices  and  that  the  same  so  remained  for 
the  specified  time  hereinbefore  required. 

21.  When  the  proof  has  been  examined  and  found 
satisfactory  to  the  said  ex  officio  register  and  sur- 
veyor-general, and  the  certificate  of  purchase  and  re- 
ceipt for  the  purchase  price  respectively  issued  by 
them,  all  the  papers  will  be  forwarded  to  this  office, 
and  if  found  to  be  complete  and  the  entry  to  havf. 
been  made  in  accordance  with  these  instructions  patent 
will  issue  in  due  course. 

22.  If  upon  the  day  appointed  for  making  proof  and 
payment  for  any  tract  of  land  by  a  person,  association, 
or  corporation,  any  other  person,  or  the  representa- 
tive of  any  association  or  corporation,  should  appear 
and  protest  against  the  allowance  of  the  entry,  such 
protestant  should  be  heard  and  permitted  to  cross-ex- 
amine the  claimant  and  his  witnesses,  and  the  com- 
plaint and  the  facts  thus  developed  will  be  duly  con- 
sidered by  the  ex  oflficio  register  and  surveyor-gen- 
eral and  such  action  taken  as  they  may  deem  proper. 
Should  the  protestant  desire  to  carry  his  action  into 
a  contest  so  as  to  introduce  the  testimony  of  wit- 
nesses either  for  the  Government  or  in  his  own  be- 
half, he  should  be  Required  by  said  officers  to  file  a 
sworn  and  corroborated  statement  of  his  grounds  of 
action,  and  that  the  contest  is  not  initiated  for  the 
purpose  of  harassincg  tho  claimant  and  extorting 
money  from  him  under  a  compror-iise,  but  in  good  faith 
to  prosecute  the  same  to  a  final  determination;  and 
this  affidavit  being  filed,    the  said   officers  will  1mm 

I   atcly  proceed  to  determine  the  controversy,  fixing  a 

tiwie  and  place  for  the  hearing  of  the  respective  claims 

>"    he  interested  parties,  giving  each  the  usual  notice 

thereof  and   a   fair  opportunity  to   present    their  In- 


OF    THE    UNITED   STATES. 


terests  in  accordance  with  the  principles  of  law  and 
equity  applicable  to  the  cast  as  proscribed  by  the 
rules  for  the  conduct  of  such  cases  before  registers 
and  receivers  of  other  local  land  oflices.  At  the  close 
of  the  case,  or  ats  soon  thereafter  as  their  duties  will 
permit,  said  officers  will  render  tiieir  decision  in  writ- 
ing", give  due  notice  to  all  parties  in  inteiest  thereof, 
and  at  the  earliest  practicable  date  forward  the  pa- 
pers to  this  cfTice,  together  with  any  appeal  that  may 
have  been  Hied  from  their  decision.  Appeals  from 
the  action  of  this  office  will  lie  to  the  Secretary  of  the 
Interior,  as  In  other  matters  of  like  character. 

23.  All  town-site  entries  in  said  Territory  are  to  be 
made  by  trustees,  to  be  r;  ointed  by  the  Secretary  of 
the  Interior,  according  to  the  spirit  and  intent  of  Sec- 
tion 2387,  United  States  Revised  Statutes,  which  sec- 
tion provides  that  the  entries  of  land  for  such  purposes 
are  to  be  made  in  t"ust  for  the  several  use  and  benefit 
of  the  occupants  thereof,  according  to  their  respective 
interests,  and  at  the  minimum  price,  which  in  these 
cases  shall  be  construed  to  mean  $1.25  per  acre.  When 
the  inhabitants  of  a  place  and  their  occupations  and 
requiiements  constitute  more  than  a  mere  trading 
post,  but  are  less  than  one  hundred  in  number,  the 
town-.site  entry  shall  be  restricted  to  IGO  acres;  but 
where  the  inhabitants  ar.;  in  number  one  hundred  and 
less  than  two  hundred,  the  town-site  entry  may  em- 
brace any  area  not  exceeding  320  acres;  and  in  cases 
where  the  inhabitants  number  more  than  two  hun- 
dred, the  town-site  entry  may  embrace  any  area  not 
exceeding  640  acres.  It  will  be  ol)served  that  no  more 
than  640  acres  shall  be  embraced  in  one  town-site  entry 
in  said  Territory. 

The  system  of  public  surveys  not  having  been  ex- 
tended over  any  portion  of  the  Territory  of  Alaska, 
and  no  provision  being  made  in  said  act  for  the  pay- 
ment of  the  cost  of  officially  making?  a  special  survey 
of  the  exterior  lines  of  the  town  sites  to  be  entered 
thereunder,  it  becomes  necessary  for  the  occupants  of 
any  town  site  in  said  Ten i lory,  as  a  prerequisite  to 
having  an  entry  made  of  the  land  claimed  by  them, 
to  proceed  in  the  srme  manner  and  form  to  secure  the 
special  survey  of  tlu  land,  f.s  above  prescribed  for  ap- 
plicants for  lands  in  said  Territory  for  trade  and 
manufacturing  purposes.    Vo  that  end  the  rules  apo^'e 


il 


^Iv 


d2d 


MINERAL  LAND  LAWS 


set  forth  and  numberetl  1  to  19,  inclusive,  are  hereby 
made  applicable  in  manner,  form,  and  detail  to  '••"ich 
occupants  or  their  agent  in  t  pplying  for  and  secuiing 
the  execution  of  the  special  survey  of  the  outbountl- 
aries  of  such  town  sites,  the  occupants  or  agent  to  be 
reimbursed  for  the  money  thus  expended  as  herein- 
after provided. 

24.  The  fee  simifle  title  to  certain  real  estate  in  the 
towns  of  Sitka  and  Kodiak  was  conferred  under  Rus- 
sian rule  upon  certain  individuals  and  the  Greek 
Oriental  Church,  and  confirmed  by  the  treaty  con- 
cluded March  30,  1867,  between  the  United  States  and 
the  Emperor  of  Russia  (15  Stat.  L.,  539);  other  real 
property  is  now  held  and  occupied  by  the  United 
States, in  several  of  the  Alaska  towns  for  school  and 
other  public  purposes;  while  it  is  perhaps  desirable 
that  still  other  lots  or  blocks  in  those  towns  that 
take  advantage  of  the  provisions  of  said  act  should  be 
reserved  to  meet  the  future  requirements  for  school 
purposes,  or  as  sites  for  Government  buildings;  there- 
fore, such  employe  or  employes  of  the  Government  as 
shall  be  designated  or  detailed  for  that  purpose  shall 
constitute  a  boai'd  whose  duty  it  shall  be,  as  soon  as 
notified  by  the  United  States  marshal  that  the  du- 
plicate receipt  for  the  money  deposited  to  defray  the 
costs  of  a  special  survey  of  the  exterior  lines  of  such 
town  site  has  been  received  by  him,  to  go  upon  the 
land  applied  for  and  inquire  into  the  title  to  the  sev- 
eral private  claims  held  therein  under  Russian  con- 
veyances, and  to  fix  and  determine  the  proper  metes 
and  bounds  of  the  same  as  originally  granted  and 
claimed  at  the  date  of  our  acquisition  of  said  Terri- 
tory. Such  board  will  duly  notify  the  present  owners 
of  said  private  claims  both  of  their  right  to  submit 
testimony  and  documents,  either  in  person  or  by  at- 
torney, in  support  of  their  several  claims  and  of  their 
right,  within  thirty  days  from  receipt  of  notice  of  the 
conclusions  of  said  board,  to  file  an  appeal  therefrom, 
with  said  board,  for  transmission  to  this  office.  Should 
any  one  of  such  parties  be  dissatislied  with  the  de- 
cision of  this  office  in  such  a  case,  he  may  still  further 
prosecute  an  appeal  to  the  Secretary  of  the  Interior 
upon  such  terms  as  shall  be  prescribed  in  each  indi- 
vidual case.  Proper  evidence  of  notice  should  be  taken 
by  said  board  in  all  cases,  and  a  record  of  all  testi- 


If 


OP   THE    UNlTEn  STATES, 


327 


mony  submitted  to  them  should  be  kept.  If  an  appeal 
is  taken,  the  same,  together  with  the  decision  of  the 
board  and  all  papers  and  evidence  affecting  the  claims 
of  the  appellant,  should  bo  forwarded  direct  to  this 
office.  Should  no  appeal  be  taken,  the  report  of  the 
board  should  be  filed  with  the  United  States  marshal, 
ex  officio  surveyor-general,  for  his  use  and  guidance, 
as  hereinafter  directed. 

It  shall  also  be  the  official  duty  of  said  board  to  ap- 
proximately fix  and  determine  the  metes  and  bounds 
of  all  lots  and  blocks  in  any  such  town  site  now  oc- 
cupied by  the  Government  for  school  or  other  public 
purposes,  and  of  all  unclaimed  lots  or  blocks,  which, 
in  their  judgment,  should  be  reserved  for  school  or  any 
other  purpose;  and  to  make  report  of  such  investiga- 
tions to  the  ex  officio  surveyor-general,  for  his  use 
and  guidance,  as  also  hereinafter  directed,  should  no 
appeal  be  filed  therefrom. 

Should  an  appeal  from  the  action  or  decision  of  such 
board  be  filed  in  any  case,  no  further  action  will  be 
taken  by  the  ex  officio  surveyor-general  until  the  mat- 
ter has  been  finally  decided  by  this  office  or  the  De- 
partment. But,  should  no  appeal  be  filed,  the  ex  officio 
surveyor-general  will  proceed  to  direct  the  survey  of 
the  outboundaries  of  the  town  site  to  be  made,  the 
same  in  all  respects  as  above  directed  in  the  survey 
of  land  for  trade  and  manufacturing  purposes,  ex- 
cept that  he  will  accept  the  report  and  recommenda- 
tions made  by  said  board  and  exclude  and  except,  by 
metes  and  bounds,  from  the  land  so  surveyeci,  all  the 
lots  and  blocks  for  any  purpose  recommended  to  be  ex- 
cepted by  said  board.  The  execution  of  the  survey  of 
♦>.e  lots  and  blocks  thus  excepted  shall  be  made  a 
part  of  the  duties  of  the  surveyor,  who  is  deputized  to 
survey  the  exterior  lines  of  the  town  site;  the  survey 
of  such  lots  or  blocks  shall  be  connected  by  course  and 
distance  with  a  corner  of  the  town-site  survey,  and 
also  fully  described  in  the  field  notes  of  said  survey 
and  protracted  upon  the  plat  of  said  town  site;  and 
the  limits  of  such  lots  or  blocks  will  be  permanently 
marked  upon  the  groimd  in  such  manner  as  the  ex 
officio  surveyor-general  shall  direct.  In  forwar(Mng 
the  plat  and  field  notes  of  the  survey  of  any  town  site 
for  the  approval  of  this  office,  the  ex  officio  surveyor- 
general  will  also  forward  any  report  that  said  board 


'r:    ; 


TV 


328 


MINERAL  LAND  LAWS 


may  have  fiied   with   him,   for  approval   in  like  man- 
ner.    [As  amended  February  17,  IS'JG,  22  L.  D.,  119.] 

25.  When  the  plat  and  field  notes  of  the  survey  of 
the  outboundariep  of  any  town  site  shall  have  been  ap- 
proved (and  not  c^iore)  by  this  offlce,  the  Secretary  of 
the  Interior  will  appoint  one  trustee  to  make  entry  of 
the  tract  so  surveyed,  in  trust  for  the  occupants  there- 
of, as  provided  by  said  act.  The  trustee  having  re- 
ceived his  appointment,  and  qualified  himself  for  duty 
by  taking  and  subscribing  the  u«ual  oath  of  office  and 
executing  the  bond  hereinafter  required,  will  call  upon 
the  occupants  of  said  town  site  for  the  triplicate  re- 
ceipt for  the  money  deposited  to  meet  the  expenses  of 
the  survey  thereof,  and  for  the  requisite  amount  of 
money  necessary  in  addition  to  pay  the  Government 
for  the  land  as  surveyed,  and  other  expenses  incident 
to  the  entry  thereof,  keeping  an  accurate  account 
thereof  and  giving  his  receipt  therefor.  And  when 
realized  from  assessment  and  allotment,  he  will  re- 
fund the  same,  taking  evidence  thereof  to  be  filed  with 
his  report  in  the  manner  hereinafter  directed.  He  will 
then  file  with  the  United  States  Court  Commissioner 
for  Sitka,  who  is  ex  officio  register  of  the  Sitka  land 
office,  a  written  notice,  in  due  form,  reciting  the  name 
of  the  party  who  w'li  make  the  entry,  the  name  and 
geographical  location  of  the  town  site,  the  place  and 
date  of  making  proof,  a,nd  the  names  of  four  witnesses 
by  whom  it  is  proposed  to  establish  the  right  of  entry. 
This  notice  Avill  be  published  by  said  commissioner 
once  a  week  for  six  consecutive  weeks,  at  the  ap- 
plicant's expense,  in  a  newspaper  published  In  the 
town  for  \''hich  the  entry  is  to  be  made,  or  nearest  to 
the  land  applied  for.  Copies  of  said  notice  must  also 
be  posted  in  the  office  of  the  ex  officio  register  and  in 
a  conspicuous  place  upon  the  land  applied  for,  for 
thirty  days  next  preceding  the  date  of  making  proof. 
The  required  proof  shall  consist  of  the  affidavits  of 
the  applicant  and  two  of  the  published  witnesses,  and 
shall  show:  (1)  the  actual  occupancy  of  *he  land  for 
municipal  purposes;  (2)  the  number  of  inhabitants; 
(3)  the  character,  extent,  and  value  of  town  improve- 
ments; (4)  the  non-mineral  character  of  the  town  site; 
(5)  that  said  town  site  does  not  contain  any  land  oc- 
cupied by  the  United  States  for  school  or  other  public 
purposes,  nor  any  land  to  which  the  title  In  fee  was 


OF    THE    UNITED   STATES. 


329 


conferred  under  Russian  rule  and  confirmed  by  the 
treaty  of  transfer  to  the  United  States,  nor  any  land 
for  which  patents  have  been  issued  by  the  United 
States,  and  (6)  proof  of  the  publication  and  posting  of 
notices  for  the  required  time,  the  same  in  all  respects 
as  is  required  by  the  ninth  subdivision  of  paragraph 
20  hereof.  The  proof  being  accepted  and  the  certifi- 
cate of  entry  issued  by  the  ex  offlcio  register  of  the 
Sitka  land  office,  the  purchase  price  of  the  land  should 
be  paid  to  and  receipted  for  by  the  clerk  of  the  district 
court,  who  is  ex  offlcio  receiver  of  the  Sitka  land 
office,  after  which  all  the  papers  will  be  forwarded  to 
this  offlce,  and,  If  found  to  be  complete  and  made  in 
accordance  with  these  instructions,  patent  will  issue 
without  delay.  Cash  certificate  of  entry  (No.  4-189) 
will  be  issued  by  the  ex  offlcio  register  in  allowing  all 
entries  authorized  by  the  law  and  these  regulations, 
and  said  entries  will  be  numbered  consecutively,  be- 
ginning with  number  1. 

A  protest  against  the  allowance  of  a  town-site 
entry  will  be  heard,  and  the  same  permitted  to  be  car- 
ried into  a  contest,  in  the  same  manner  and  under  the 
same  conditions  as  hereinbefore  provided  in  the  mat- 
ter of  applications  to  make  entries  for  the  purposes  of 
trade  and  manufactures. 

26.  It  is  also  made  my  duty  to  provide  rules  and  reg- 
ulations for  the  survey  and  platting  of  the  town  sit^ 
in  Alaska  into  streets,  alleys,  blocks  and  lots,  or  for 
the  approval  of  such  surveys  as  may  already  have 
been  made  by  the  inhabitants  thereof,  and  for  the  con- 
veyance of  the  lots  and  blocks  to  the  occupants  of 
said  town  sites  according  to  their  respective  Interests. 
To  accomplish  the  latter  provision  necessitates  the 
careful  consideration  of  a  somewhat  difflcult  problem, 
Involving  the  right  of  the  natives  of  Alaska,  who  con- 
stitute the  larger  part  of  the  population  of  all  the 
towns  In  said  Territory,  but  who  are  not  citizens  of  the 
United  States,  to  receive  title  from  the  Government  to 
the  lots  severally  occupied  and  claimed  by  them. 

Although  the  political  status  of  these  people  remains 
yet  to  be  determined  by  legislation,  still  the  facts  re- 
main that  they  are  held  amenable  to  all  the  laws  made 
applicable  to  said  Territory  in  which  they  have  lived 
at  peace  with  the  white  settlers  for  ages,  that  they 
far  outnumber  the  citizen  and  foreign-born  population 


;!.  < 


330 


MINERAL  LAND  LAWS 


: 


of  all  those  towns  in  which  white  men  have  settled, 
and  that  many  of  them  have  invested  their  earnings 
in  property  in  those  towns  and  are  exercising  peaceable 
and  undisputed  occupancy  and  ri^ht  of  possession  over 
the  same.  I  therefore  deem  it  proper,  in  order  to 
further  encourage  them  in  adopting  civilized  life  and 
accepting  and  following  the  instruction  and  example 
of  the  teachera,  missionaries  and  all  other  right-think- 
ing people  who  come  among  them,  and  equitable  and 
just  and  within  my  power,  to  construe  the  language 
of  Section  2387,  United  States  Revised  Statutes,  under 
which  xown-site  entries  are  made  "in  trust  for  the 
several  use  and  benefit  of  the  occupants  thereof  ac- 
cording to  their  respective  interests,"  in  the  most 
liberal  and  comprehensive  sense  and  to  the  advantage 
of  these  natives. 

Therefore,  the  trustees  of  the  several  town  sites 
entered  in  said  Territory  shall  levy  assessments  upon 
the  property  either  occupied  or  possessed  by  any  na- 
tive Alaskan  the  same  as  if  he  were  a  white  man,  and 
shall  apportion  and  convey  the  same  to  him  according 
to  his  respective  interest,  without  regard  to  the  ques- 
tion of  citizenship.  But,  in  case  of  white  settlers,  or 
associations  or  corporations,  the  trustees  shall  require 
the  same  evidence  of  citizenship  or  the  right  to  hold 
real  estate,  as  the  case  may  be,  as  is  reqiiired  above 
of  purchasers  of  lanu  for  purposes  of  trade  or  manu- 
factures. 

27.  The  entry  having  been  made  and  forwarded  to 
this  office,  the  trustee  will  cause  an  actual  survey  of 
the  lots,  blocks,  streets  and  alleys  of  the  town  site  to 
be  made,  conforming  as  near  as  in  his  judgment  it  is 
deemed  advisable  to  the  original  plan  or  survey  of 
such  town,  making  triplicate  plats  of  said  survey  and 
designating  upon  each  of  said  plats  the  lots  occupied, 
together  with  the  value  of  the  same  and  the  name  of 
the  owner  or  owners  thereof;  and  in  like  manner  he 
will  designate  thereon  the  lots  occupied  by  any  cor- 
poration, religious  organization,  or  private  or  sectar- 
ian school.  When  the  plats  are  finally  completed, 
they  will  be  certified  to  by  him  as  follows: 

I,  the  undersigned,  trustee  of  the  town  site  of , 

Alaska  Territory,  hereby  certify  that  I  have  examined 
the  survey  of  paid  town  iite  and  approved  the  fore- 
going plat  thereof  as  st'iotly  conformable  to  said  sur- 


\'.l: 


OP    THE    tlNITKD   STATES. 


331 


vey  made  in  accordance  with  the  act  of  Congress  ap- 
proved March  3,  1S91,  and  my  otticial  instructions. 

One  of  said  plats  shall  be  filed  in  the  land  otflce  in 
the  district  where  the  town  site  is  located,  one  in  the 
office  of  the  Commissioner  of  the  General  Land  Office, 
and  one  retained  for  his  own  use.  The  designation  of 
an  owner  on  such  plats  shall  be  temporary  until  final 
decision  of  record  in  relation  thereto,  and  shall  in  no 
case  be  taken  or  held  as  in  any  sense  or  to  any  degree 
a  conclusion  or  judgment  by  the  trustee  as  to  the  true 
ownership  in  any  contested  case  coming  before  him. 

28.  As  soon  as  said  plats  are  completed,  the  trustee 
will  then  cause  to  be  posted  in  three  conspicuous  places 
in  the  town  a  notice  to  the  effect  that  such  survey 
and  platting  have  been  completed,  and  notifying  all 
persons  concerned  or  interested  in  such  town  site  that 
on  a  designated  day  he  will  proceed  to  set  off  to  the 
persons  entitled  to  the  same,  according  to  their  re- 
spective interests,  the  lots,  blocks  or  grounds  to  which 
each  occupant  thereof  shall  be  entitled  under  the  pro- 
visions of  said  act.  Such  notices  shall  be  posted  at 
least  fifteen  days  prior  to  the  day  set  apart  by  the 
trustee  for  making  such  (division  and  allotment.  Proof 
of  such  notification  shall  be  evidenced  by  the  affidavit 
of  the  trustee,  accompanied  by  a  copy  of  such  notice. 

29.  After  such  notice  shall  have  been  duly  given, 
the  trustee  will  proceed  on  the  designated  day,  ex- 
cept in  contest  cases,  which  shall  be  disposed  of  in 
the  manner  hereinafter  provided,  to  set  apart  to  the 
persons  entitled  to  receive  the  same,  the  lots,  blocks 
and  grounds  to  which  each  person,  company  or  asso- 
ciation of  persons  shall  be  entitled,  according  to  their 
respective  interests,  including  in  the  portion  or  por- 
tions set  apart  to  each  person,  corporation  or  asso- 
ciation of  persons  the  Improvements  belonging  thereto, 
and  in  so  doing  he  will  observe  and  follow  as  strictly 
as  the  platting  of  the  town  site  will  permit  the  rights 
of  all  parties  to  the  property  claimed  by  them  as 
shown  and  defined  by  the  records  of  the  clerk  of  the 
District  Court  of  Alaska,  who  is  ex  officio  recorder  of 
deeds  and  mortgages  and  other  contracts  relating  to 
real  estate  in  said  Territory. 

30.  After  setting  apart  such  lots,  blocks,  or  parcels, 
and  upon  a  valuation  of  the  same  as  hereinbefore  pro- 
vided for,  the  trustee  will  proceed   to  determine  and 


S^ 


V    ■  ( 


'*^!        ' 


332 


MINERAL  LAND  LAWS 


I: 


assess  upon  such  lots  and  blocks  according  to  their 
value,  such  rate  and  sum  as  will  je  necessary  to  pay 
all  expenses  incident  to  the  town-site  entry.  In  those 
cases  in  which  there  appears  more  than  one  claim- 
ant for  any  lot  or  block,  the  trustee  will  require  each 
claimant  to  pay  the  assessment,  and  upon  the  final 
determination  of  the  contest,  as  hereinbefore  provided 
for,  the  unsuccessful  claimant  or  claimants  will  be 
reimbursed  in  a  sum  equal  to  the  assessment  paid 
by  them,  such  reimbursements  to  'le  properly  ac- 
counted for  by  the  trustee.  In  making  the  assessments 
the  trustee  will  take  into  consideration- 
First.  The  reimbursement  of  the  parties  who  de- 
posited the  money  to  pay  the  costs  of  surveying  and 
platting  the  outboundaries  of  the  town  site,  and  who 
advanced  such  money  as  was  necessary  in  addition 
to  pay  the  purchase  price  of  the  land. 

Second.  The  money  expended  in  advertising  and 
making  proof  and  entry  of  the  town  site. 

Third.     The  compensation  of  himself  as  trustee. 

Fourth.  The  expenses  incident  to  making  the  con- 
veyances. 

Fifth.  All  necessary  traveling  expenses  and  all  other 
legitimate  expenses  incident  to  the  expeditious  execu- 
tion of  his  trust. 

More  than  one  assessment  may  be  made,  if  necessary, 
to  effect  the  purposes  of  said  act  of  Congress  and 
these  instructions.  Upon  receipt  of  the  assessments 
the  trustee  will  issue  deeds  for  the  uncontested  lots, 
blank  forms  of  conveyance  being  furnished  by  this 
office  for  that  purpose. 

31.  His  work  having  been  completed  to  this  point, 
the  trustee  will  then,  and  not  before,  in  cases  where  he 
finds  two  or  more  inhabitants  claiming  the  same  lot, 
block,  or  parcel  of  land,  proceed  to  hear  and  determine 
the  controversy,  fixing  a  time  and  place  for  the  hear- 
ing of  the  respective  claims  of  the  interested  parties, 
giving  each  ten  days*  notice  thereof,  and  a  fair  op- 
portunity to  present  their  interests  in  accordance  with 
the  principles  of  law  and  equity  applicable  to  the 
case,  observing  as  far  as  practicable  the  rules  pre- 
scribed for  contests  before  registers  and  receivers  of 
the  local  offices;  he  will  administer  oaths  to  the  wit- 
nesses, observe  the  rules  of  evidence  as  near  as  may  be 
in  making  his  investigations,  and  at  the  close  of  the 


OF   THE    UNITED   STATES. 


333 


case,  or  as  soon  thereafter  as  his  duties  will  permit, 
render  a  decision  in  writing.  If  the  notice  herein  pro- 
vided for  can  not  be  personally  served  upon  the 
party  therein  named  within  three  days  from  its  date, 
such  service  may  be  made  by  a  printed  notice  pub- 
lished for  ten  days  in  a  newspaper  in  the  town  in 
which  the  lot  to  be  affected  thereby  is  situated;  or, 
if  there  is  none  published  in  such  town,  then  said 
notice  may  be  printed  in  any  newspaper  published  in 
the  Territory.  Copies  of  such  notice  should  also  be 
posted  upon  the  lot  In  controversy  and  in  at  least  three 
other  conspicuous  places  in  the  town  wherein  the  lot  is 
situated.  The  proof  of  such  publication  and  posting 
of  notices,  to  be  filed  with  the  record,  may  be  made  as 
provided  in  these  rules  and  regulations  in  other  cases. 
The  proceedings  in  these  contests  should  be  abbre- 
viated In  time  and  words,  or  the  work  may  not  be  com- 
pleted within  the  limit  of  any  reasonable  period  of 
time  or  expense. 

Before  proceeding  to  dispose  of  the  contested  cases 
the  trustee  will  require  each  claimant  to  deposit  with 
him  each  morning  a  sum  sufficient  to  cover  and  pay  all 
costs  and  expenses  on  such  proceedings  for  that  day. 
At  the  close,  of  the  contest,  on  appeal  or  •therwise, 
the  sum  deposited  by  the  successful  party  shall  be  re- 
turned to  him,  but  that  deposited  by  the  losing  party 
shall  be  retained  and  accounted  for  by  said  trustee. 

32.  Any  person  feeling  aggrieved  by  the  decision  of 
the  trustee,  may,  within  thirty  days  after  notice  there- 
of, appeal  to  the  Commissioner  of  the  General  Land 
Office,  under  the  rules  as  provided  for  appeals  from 
the  opinions  of  registers  and  receivers,  and  If  either 
party  is  dissatisfied  with  the  conclusions  of  said  Com- 
missioner In  the  case,  he  may  still  further  prosecute 
an  appeal  within  sixty  days  from  notice  thereof  to 
the  Secretary  of  the  Interior,  upon  like  terms  and 
conditions  and  under  the  same  rules  that  appeals  are 
now  regulated  by  and  taken  In  adversary  proceed- 
ings from  the  Commissioner  to  the  Secretary.  All 
costs  in  such  proceedings  will  be  governed  by  the 
rules  now  applicable  to  contests  bofore  the  local  land 
ofllces.    [As  amended  October  8,  1897,  25  L.  D.,  323.] 

33.  The  trustee  shall  receive  and  pay  out  all  money 
provided  for  In  these  instructions,  subject  to  the  su-» 
pervision  of  this  office,  and  he  shall  keep  a  correct 


334 


MINEUAL  LAND  LAWS 


record  of  his  proceedings  and  an  accurate  account  of 
all  money  received  and  disbursed  by  him,  taking  and 
tiling  proper  vouchers  therefor,  in  the  manner  herein- 
after provided;  and  before  entering  upon  duty  he 
shall,  in  addition  to  taking  the  official  oath,  also  enter 
into  a  bond  to  the  United  States  in  the  penal  sum  of 
$5,000,  for  the  faithful  discharge  of  his  duties,  both  as 
now  prescribed  and  furnished  by  the  Department  of 
the  Interior. 

34.  All  lots  remaining  unoccupied  and  unclaimed 
when  the  trustee  shall  have  made  his  allotments  and 
assessments  will  be  sold  at  public  outcry,  for  cash,  to 
the  highest  bidder.-  The  proceeds  of  such  sales,  to- 
gether with  any  balance  remaining  in  the  hands  of  the 
trustee  to  the  credit  of  the  town-site  occupants,  to  be 
expended,  under  the  direction  of  the  Secretary  of  the 
Interior,  for  the  benefit  of  the  town. 

35.  All  payments  by  the  occupants  of  any  town  site 
for  any  of  the  purposes  above  named,  except  the  sur- 
vey of  the  outboundaries  of  the  land  so  entered,  shall 
be  in  cash,  and  made  only  to  the  trustee  thereof,  wlio 
shall  make  duplicate  receipts  for  ail  money  paid  him, 
one  to  be  given  the  party  making  the  payment,  and  the 
other  to*e  forwarded  to  this  office  with  tlie  trustee's 
papers  and  accounts.  Said  trustee  shall  also  take  re- 
ceipts for  all  money  disbursed  by  him,  and  be  held 
strictly  accountable  by  this  ofHce,  under  his  bond,  for 
the  proper  handling  of  the  trust  funds  in  his  posses- 
sion. 

36.  The  trustee  of  any  town  site  in  said  Territory 
will  be  allowed  compensation  at  the  rate  of  $5  per  day 
for  each  day  actually  engaged  and  employed  in  the 
performance  of  his  duties  as  such  trustee,  and  his 
necessary  traveling  expenses. 

37.  The  trustee's  duties  herein  prescribed  having 
been  completed,  the  account  of  all  his  expenses  and 
expenditures,  together  with  a  record  of  his  proceed- 
ings and  a  list  of  the  lots  to  be  sold  at  public  sale,  as 
hereinbefore  provided,  with  all  papers  in  his  pos- 
session, and  all  evidence  of  his  official  acts,  shall  be 
transmitted  to  this  office  to  become  a  part  of  the 
records  hereof,  excepting  from  such  papers,  however, 
the  subdivisional  plat  of  the  town  site,  which  he  shall 

♦  deliver  to  the  clerk  of  the  District  Court,  to  be  made 
of  record  and  placed  on  file  in  his  office  as  ex  officio 


OP    THE    UNITED   STATES. 


335 


recorder  of  deeds,  mortgages,  and  other  contracts  re- 
lating to  real  estate  in  the  Territory  of  Alaska. 

The  provision  of  the  manual  of  surveying  of  June 
30,  1894,  p.  64,  autlioriziug  the  deputy  surveyor,  in  cases 
where  great  delay,  expense,  or  inconvenience  would 
result  from  a  strict  compliance  with  the  retiuirement 
that  such  oaths  shall  be  taken  before  some  ofllcer 
duly  authorized  to  administer  oaths,  to  administer  the 
necessary  oaths  to  his  assistants,  is  held  applicable  to 
surveys  in  Alaska,  but  in  such  cases  the  deputy  sur- 
veyor must  submit  a  full  written  report  of  the  cir- 
cumstances of  the  case  to  the  surveyor-general. 


I 


DECISIONS. 

Land  actually  occupied  in  good  faith  by  the  natives 
of  Alaska  is  reserved  from  disposition.  While  there  is 
no  limit  prescribed  by  the  statute  to  the  amount  of 
land  which  may  be  held  by  a  •native,  a  mere  claim, 
without  actual  bona  fide  occupation,  will  not  be  pro- 
tected. 

Department  to  A.  S.  Wadleigh,  13  L.  D.,  120.  . 

*    *    * 

While  there  is  no  express  statutory  authority  for  the 
reservation  of  Alaskan  lands  by  the  President,  he  hag 
such  authority  as  Chief  Executive. 

Opinion  Asst.  Attorney  General,  13  L.  D.,  420. 


As  the  Act  of  May  17,  1884,  provides  that  Indians  or 
other  persons  in  Alaska  "shall  not  be  distxirbed  in  the 
possession  of  any  lands  actually  in  their  use  or  occu- 
pation or  now  claimed  by  them,"  etc.,  reservations  in 
Alaska  should  not  cover  such  lands. 

Opinion  Asst.  Attorney  General,  13  L.  D.,  426. 

*  >i<    * 

Said  provision  of  law  is  construed  to  protect  only 
rights  held  by  virtue  of  use  or  occupation  at  the  date 
of  the  enactment.  May  17,  1884,  not  those  acquired  by 
subsequent   occupation    and    improvement. 

Naval  Reservation  (Sitka)  25  L.   D.,  212. 

*  *    * 

The  right  of  any  person,  association,  or  corporation 
to  enter  non-rilneral  lands  in  Alaska  is  limited  to  one 


rri  ■ 


i 
ir 

iSi' 


886 


MINERAL  LAND  LAWS 


entry  of  not  more  than  one  hundred  sixty  acrec.  em- 
bracing the  land  occupied,  as  nearly  as  practicable  in 
a  square  form. 

Clinton  Gurnee,  13  L.  D.,  608. 

W.  H.  H.  Hart,  23  L.  D.,  280. 

Fort  Alexander  Fishing  Station,  23  L.  D.,  335. 

*  *    • 

In  the  survey  of  Alaskan  lands  in  Isolated  localities, 
the  deputy  surveyor  making  vhe  survey  may  admin- 
ister the  required  oaths  to  his  assistants  in  the  execu- 
tion of  such  survey. 

Clinton  Gurnee,  13  L.  D.,  608. 

*  ■*    » 

"With  a  view  to  avoiding  conflicts  between  the 
claimants  of  mission  lands  in  Alaska  and  others  who 
may  lay  claim  to  the  same  or  adjacent  lands  for  town- 
site,  trading  or  manufacturing  purposes,  *  *  •  i 
therefore  suggest  that  the  several  religious  societies 
occupying  land  as  mission  stations  among  the  Indians 
of  Alaska  prior  to  March  3,  1891,  have  the  same  sur- 
veyed and  the  out-boundaries  thereof  permanently 
marked  upon  the  ground.  *  *  *  i  further  suggest 
that  plats  of  such  surveys  be  made  and  placed  of  rec- 
ord in  the  oflice  of  the  clerk  of  the  court  for  the  dis- 
trict of  Alaska."  Such  survey  and  recording  will  not 
be  conclusive,  but  will  be  notice  of  the  claim  of  such 
societies. 

Mission  Stations,  15  L.  D.,  586, 


Lands  us^d  for  school  purposes  must  be  eliminated 
from  entries  of  lands  in  Alaska. 
Instructions,  18  L.  D.,  288. 

*    *    ♦ 

"The  status  of  the  natives  or  aborigines  [of  Alaska] 
as  a  race  or  races,  has  never  been  defined  by  statute, 
nor  has  their  political  status  been  fixed,  although  the 
word  Indian  is  sometimes  used  with  reference  to  some 
of  the  inhabitants  of  Alaska."  The  Office  of  Indian 
Affairs  exercises  no  jurisdiction  over  Alaskan  natives 
and  they  are  not  considered  to  be  Indians  in  a  legal 
sense. 

Opinion  Asst.  Attorney  General,  19  L.  D.,  323,  citing 
Waters  v.  Campbell,  4  Sawy.,  121. 


OP   TIIK    UNITED   STATES. 


337 


Where  it  is  Impracticable  to  enter  lands  in  a  square 
form,  under  the  provisions  of  Section  12  of  the  Act 
of  March  3,  1891,  by  reason  of  conflict  with  other 
claims,  the  form  of  the  entered  land  must  be  gov- 
erned by  the  facts  of  the  case. 

Instructions,  20  L.   D.,  434. 

*  ♦    • 

Certificates  of  deposits  of  mor  for  the  survey  of 
lands  in  Alaska  are  not  assignable.  See  Sec.  2403,  U.  S. 
Rev.  Stats.,  Act  of  March  3,  1879.  (20  Stat.,  352)  and 
regulation  9,  12  L.  D.,  583.) 

South  Olga  Pishing  Station,  22  L.  D.,  289. 

*  *    * 

Congress  has  made  no  provision  for  the  survey  and 
ascertainment  by  the  Land  Department  of  the  claims 
and  rights  of  the  Greco-Russian  Church  in  Alaska. 

Greco-Russian  Church,  22  L.   D.,  330. 

Greco-Russian  Church  Lands,  25  L.  D.,  4S0. 


"The  present  jurisdiction  of  the  Department  over 
any  Grc  ^-Russian  church  lands  or  missionary  sta- 
tions in  Alaska  extends  only  to  excluding  the  same 
from  entry  and  acquisition  by  others  under  the  mining, 
town-site  and  trade  and  manufacture  laws  aforesaid." 

Greco-Russian  Church  Lands,  25  L.  D.,  480. 

*    *    • 

If,  under  an  application  to  purchase  non-mineral 
land  in  Alaska,  the  survey  is  correctly  made  but  the 
right  of  claimant  to  enter  the  land  surveyed  is  de- 
nied by  the  Department,  the  survey  should,  neverthe- 
less, be  approved,  in  order  that  the  deputy  surveyor 
may  be  paid  for  his  services. 

Survey  No.  3,  22  L.  D.,  696. 


An  entry  of  non-mineral  Alaskan  lands  can  be  al- 
lowed only  for  land  not  exceeding  160  acres  actually 
occupied  by  claimant.  A  survey  will  not  be  approved 
where  so  made  as  to  cover  the  coast  for  the  purpose 
of  controlling  the  landing  place  of  vessels. 

McCollom  Fishing  and  Trading  Co.,  23  L.  D„   7. 

?2 


888 


MINEUAL  LAND  LAWS 


Tlie   use  of   land   tor    trading   or    business   purposes 
must  be  prcstiut  and  actual,  not  prospective. 
F.  P.  Kendall,  Zi  L.  D..  245. 
W.  H.  H.  Hart,  23  L.  D.,  280.  " 

»    *    * 

Entry  will  not  be  allowed  for  more  non-mineral  land 
than  is  actually  occupied  for  tradin,?  and  business  pur- 
poses. 

C.  A.   Jo'.inson,  23  L.   D.,  283. 

South  Olga  Fishing  Station,  24  L.  D.,  314. 

♦  •    * 

TT'ailuro  to  comply  with  the  requirement  that  the 
land  be  surveyed  as  nearly  as  practicable  in  a  square 
form  will  not  be  excused  because  of  the  fact  that  the 
land  excluded  is  mountainous  and  valueless  for  fish- 
ing purposes.  The  intent  of  the  statute  is  to  pre- 
vent the  monopolization  of  the  coast  by  allowance  of 
entries  for  narrow  strips  extending  along  the  shore. 

Central  Alaska  Co.,  24  L.  D.,  545. 

♦  *    * 

A  survey  of  non-mineral  lands  which  does  not  fol- 
'ow  the  requirement  as  to  square  form  will  not  be  ap- 
proved because  of  the  fact  that  the  irregular  shape  is 
caused  by  the  exclusion  of  swamp  land,  as  there  is 
no  legal  reason  for  such  exclusion. 

Bartlett  Bay  Packing  Co.,  23  L.  D.,  337. 

♦  •    • 

The  approval  of  a  survey  and  allowance  of  an  entry 
does  not  preclude  the  Land  Department  from  cancel- 
ing an  entry  irregularly  allowed.  Final  proof  in  sup- 
port of  claims  to  non-mineral  lands  must  be  taken 
in  the  Alaskan  land  district,  before  the  local  land 
officers. 

Lynde  and  Hough  Co.,  23  L.  D.,  442. 


Surveys  of  non-mineral,  land  should  not  be  made 
until  duly  applied  for,  and  the  application  should 
chow,  under  oatl:  the  character,  extent  and  approxi- 
mate value  of  improvomonls  made  by  the  applicant 
or  his  gr.anlors. 

Central  Alaska  Co.,  24  L.  D.,  r.45. 

iK      *      * 

A  survey  will  not       •  ipproved  if  it  is  the  evident 


OF    TllK    IMTKI)   STATKS. 


330 


intent  of  claimant  to  secure  control  of  the  fresh  water 
supply  of  a  native  vlUaKe. 
Fort  Alexander  Fishing  Station.  23  L.   D.,  335. 

♦  *    ♦ 

A  survey  of  Alaskan  lands  uniier  the  provisions  of 
the  Act  of  March  3,  1891,  should  not  be  allowed  to  in- 
clude a  ditch  or  water-way,  used  hy  natives  for  the 
purpose  of  securing  fresh  water  for  domestic  use. 

Benjamin  Arnold,  24  L.  D.,  312. 

•  ♦    • 

No  rights  of  way  can  be  acquired  in  Alaska  under 
the  Act  of  March  3,  1875,  (18  Stat.,  482)  as  that  Act 
forms  a  part  of  the  general  land  law  of  the  United 
States,  the  operation  of  which  has  not  been  extended 
to  Alaska. 

W.  R.  Weeks,  25  L.  D.,  290. 

*  *    * 

The  Greco-Russian  Church  has  peculiar  rights  In 
Alaska  only  in  the  respect  that  land  occupied  by  il 
at  the  dale  of  the  cession  of  Alaska  to  the  United 
States  beiongs  to  it  absolutely,  by  the  terms  of  the 
treaty.  Aside  from  this,  said  church  has  the  rights 
accorded  all  religious  societies  holding  tracts  (not  ex- 
ceeding 640  acres  in  any  one  tract)  for  missionary  pur- 
poses at  the  dates  of  the  enactment  of  the  laws  of 
1&S4  and  1891. 

Greco-Russian  Church  Lands,   25  L.   D.,   480. 

m    *    * 

The  failure  of  Commissioners  Rousseau  and  Pest- 
chouroff  to  inventory  all  property  of  the  Greco-Rus- 
sian Church  cannot  operate  to  defeat  the  right  of  the 
church  to  lands  occupied  by  it,  fis  the  commissioners 
had  no  judicial  power  to  pass  upon  the  rights  of  the 
church,  but  made  an  inventory  (known  to  be  incom- 
plete) only  as  a  convenient  memorandum. 

Kinkead  v.  V.  S.,  150  U.  S..  4S3. 

Greco-Russian  Church  Lands,  25  L.  D.,  480. 


If  third  persons  encroach  on  the  claims  of  religious 
societies  in  Alaska,  rclit'f  should  be  sought  in  the 
courts,   not  before  ^he  Land   1  M'i)arlm«Mit. 

Greco-Russian  Clurch  Lands,  25  L.  D.,  480. 


840 


MINKUAL  LAND  LAWS 


Authority  of  the  Minister  of  the  Interior  to  lay  off 
lands  in  the  Yukon  District  and  remote  parts  of  the 
Northwest  Territory: 

"Sec.  19.  Notwithstanding  anything  in  said  act  con- 
tained (Dominion  Land  Act  of  1886),  the  Minister  may 
direct  that  land  in  the  Yukon  district  and  in  remote 
parts  of  the  unorganized  portions  of  the  Northwest 
Territories  shall  be  laid  off  into  lots  of  such  size  ana 
shape  as  may  be  found  advisable;  and  such  lots  may 
be  dealt  with  and  may  be  described  according  to  plans 
of  record."    (Assented  to  29th  June,  1897.) 


1 


NORTHWEST  TERRITORY  REGULATIONS. 


REGULATIONS     GOVERNING     PLACER     MINING 
ALONG  THE  YUKON  RIVER  AND  ITS  TRIBU- 
TARIES   IN    THE    NORTHWEST 
TERRITORIES. 

[Approved  by  Order  in  Council  No.  1189,  of  21st  May, 

1897,  as  amended.] 


ITT 


INTERPRETATION. 

"Bar  diggings"  shall  mean  any  part  of  a  river  over 
which  the  water  extends  when  the  water  is  in  lis 
flooded  state,  and  which  is  not  covered  at  low  watev. 

Mines  on  benches  .shall  be  known  as  "bench  dig- 
gings," and  shall  for  the  purpose  of  defining  the  size 
of  such  claims  be  excepted  from  dry  diggings. 

"Dry  diggings"  shall  mean  any  mine  over  which  a 
river  never  extends. 

"Minor"  shall  mean  a  male  or  female  over  the  age 
of  eighteen,  but  not  under  that  age. 

"Claim"  shall  mean  the  personal  right  of  property  in 
a  placer  mine  or  diggings  during  the  time  for  which 
the  grant  of  such  mine  or  diggings  is  made. 

"Legal  post"  shall  mean  a  stake  standing  not  less 
than  four  feet  above  the  ground  and  squared  on  four 
sides  for  at  least  one  foot  from  the  top.  Both  sides 
so  squared  shall  measure  at  least  four  inches  across 
the  face.  It  shall  also  mean  any  stump  or  tree  cut  off 
and  squared  or  faced  to  the  above  height  and  size. 

"Close  season"  shall  mean  the  period  of  the  year 
during  which  rlacer  mining  is  generally  suspended. 
The  period  to  be  fixed  by  the  Gold  Commissioner  in 
whose  district  the  claim  is  situated. 

341 


I! 


i^ 


i 


342 


MINING    REGULATIONS. 


"Locality"  shall  mean  the  territory  along  a  river 
(tributary  of  the  Yukon  River)  and  its  affluents. 

"Mineral"  shall  include  all  minerals  whatsoevei' 
other  than  coal. 

NATURE  AND  SIZE   OF  CLAIMS. 

1.  "Bar  diggings,"  a  strip  of  land  100  feet  wide  at 
high-water  mark,  and  thence  extending  into  the  river 
to  its   lowest  water  level. 

2.  The  sides  of  a  claim  for  bar  digging  shall  be 
two  parallel  lines  run  as  nearly  as  possible  at  right 
angles  to  the  stream  and  shall  be  marked  by  four 
legal  posts,  one  at  each  end  of  the  claim  at  or  about 
high-water  mark,  also  one  at  each  end  of  the  claim  at 
or  about  the  edge  of  the  water.  One  of  the  posts  at 
high-water  mark  shall  be  legibly  marked  with  the 
name  of  the  miner  and  the  date  upon  which  the  claim 
was  staked. 

3.  Dry  diggings  shall  be  100  feet  square  and  shall 
have  placed  at  each  of  it:,  four  corners  a  legal  post 
upon  one  of  which  shali  be  legibly  marked  the  name 
of  the  miner  and  the  date  upon  which  the  claim  was 
staked. 

4.  Creek  and  river  claims  shall  be  500  feet  long  meas- 
ured in  the  direction  of  the  general  course  of  the 
stream,  and  shall  extend  in  width  from  base  to  base 
of  the  hill  or  bench  on  each  side,  but  when  the  hills 
or  benches  are  less  than  100  feet  apart,  the  claim  may 
be  100  feet  in  depth.  The  sides  of  a  claim  shall  be  two 
parallel  lines  run  as  nearly  as  possible  at  right  angles 
to  the  stream.  The  sides  shall  be  marked  with  legal 
posts  at  or  about  the  edge  of  the  water  and  at  the 
rear  boundaries  of  the  claim.  One  of  the  legal  posts 
at  the  stream  shall  be  legibly  marked  with  the  name 
of  the  miner  and  the  date  upon  which  the  claim  was 
staked.    [See  note  p.  343.] 

5.  A  Bench  claim  shall  be  100  feet  square,  and  shall 
have  placed  at  each  of  its  four  corners  a  legal  post 
upon  which  shall  be  legibly  marked  the  name  of  the 
miner  and  the  date  upon  which  the  claim  was  staked. 

6.  Entry  shall  only  he  granted  for  alternate  claims, 
the  other  alternate  claims  being  reserved  for  the 
Crown  to  be  disposed  of  at  public  auction,  or  In  such 


11 


KORTIIWEST  TERRITOUIES. 


34^ 


manner  as  may  be  decided  by  the  Minister  of  the  In- 
terior. 

The  i)enalty  for  trespasHinj::  upon  a  rlaim  reserved 
for  the  Crown  shall  be  immediate  can<,'ellation  by  tlie 
Gold  Commissioner  of  any  entry  or  entries  which  the 
pernon  trespassing  may  have  obtained,  whether  by 
original  entry  or  purchase,  for  a  mining  claim,  and  the 
refusal  by  the  Gold  Commissioner  of  the  acceptance 
of  any  application  which  the  person  trespassing  may 
at  any  time  make  for  a  claim.  In  addition  to  such 
penalty,  the  Mounted  Police,  upon  a  requisition  from 
the  Gold  Commissioner  to  that  effect,  shall  take  the 
necessary  steps  to  eject  the  trespa^^ser. 

7.  In  defining  the  size  of  claims  they  shall  be  meas- 
ured horizontally,  irrespective  of  inequalities  on  the 
surface  of  the  ground. 

8.  If  any  person  or  persons  shall  discover  a  new 
mine  and  such  discovery  shall  be  established  to  the 
satisfaction  of  the  G()ld  Commissioner,  a  creek  and 
river  claim   750  feet   in   length   may  be  granted. ^ 

A  new  stratum  of  auriferous  earth  or  gravel  situated 
in  a  locality  where  the  claims  are  abandoned  shall 
for  this  purpose  be  deemed  a  new  mine,  although  the 
same  locality  shall  have  been  previously  worked  at  a 
different  level. 

9.  The  forms  of  application  for  a  grant  for  placer 
mining  and  the  grant  of  the  same  shall  be  those  con- 
tained in  Forms  "H"  and  "I"  in  the  schedule  hereto. 

10.  A  claim  shall  be  recorded  with  the  Gold  Com- 
missioner in  whose  district  it  is  situated  within  three 
days  after  the  location  thereof  if  it  is  located  within 
ten  miles  of  the  Commissioner's  office.  One  extra  day 
shall  be  allowed  for  making  such  record  for  every  ad- 
ditional ten   miles  or  fraction  thereof. 

11.  In  the  event  of  the   absence   of  the  Gold   Com- 

1    NOTICE. 

Department  of  the  Interior. 

Ottawa,  AuKiiHt  7.  1S07. 
Clflnsf'S  4  and  8  of  tho  mguliitlonH  ffovcriiluK  itl.-u'cr  mining  on 
the  Yulion  Hivor  and  its  trllmfarics.  in  tlio  NorthwoKt  Tcrrl- 
torios,  are  ainondod  by  nnJiiriiip:  flic  Icnjrth  of  a  crook  an(! 
rivor  claim  to  1(10  foot  a.id  tho  lonjrUi  of  a  crook  and  rivov 
claim  to  l)o  j;'"intod  1o  llio  discovonM-  of  a  now  mine  to  200 
foot.  TJio  foo  for  a  renewal  of  an  entry  for  a  claim  huH  boon 
rodnrod  from  |1(K)  to  $15. 


>i;  I 


344 


MIMNf;    RKOrLATIOXS. 


missioiicr  from  IjLs  oflice,  entry  for  a  claim  may  bo 
grantt'd  by  any  ptrsoii  whom  he  may  appoint  to  ptr- 
form  his  duties  in  his  abst-nce. 

12.  lOntry  shall  not  b^>  Krantod  for  a  claim  which  h.is 
not  been  staked  by  the  applicant  in  person  in  the 
manner  specilied  in  these  regulations.  An  affidavit 
that  the  claim  wa3  staked  out  by  the  applicant  shall 
be  embodied  in  Form  "Jl"  of  the  schedule  hereto. 

13.  An  entry  fee  of  $1.")  shall  be  charged  the  first 
year,  and  an  annual  fee  of  $100.00  for  each  of  the  fol- 
lowing years.  This  provision  sliall  apply  to  locations 
tor  which  entries  have  already  V)een  granted.  (See 
note   p.  343.) 

14.  A  royalty  of  ten  per  cent,  on  the  gold  mined  shall 
be  levied  and  collected  by  officers  to  be  appointed  for 
the  purpose,  provided  the  amount  so  mined  and  taken 
from  a  single  claim  does  not  exceed  five  hundred  dol- 
lars per  week.  In  case  the  amount  mined  and  taken 
from  any  single  claim  exceeds  five  hundred  dollars 
per  week,  there  shall  be  levied  and  collected  a  royalty 
of  ten  per  cent,  upon  the  amount  so  taken  out  up  to 
five  hundred  dollars,  and  upon  the  excess,  or  amount 
taken  fiom  any  single  claim  over  five  hundred  dollars 
per  week,  there  shall  be  levied  and  collected  a  royalty 
of  twenty  per  cent.,  such  royalty  to  form  pavt  of  the 
Consolidated  Revenue,  and  to  be  accounted  for  by  the 
officers  who  collect  the  same  in  due  course.  The  time 
and  manner  in  which  such  royalty  shall  be  collected 
and  the  persons  who  shall  collect  the  same,  shall  be 
provided  for  by  regulations  to  be  made  by  the  Gold 
Commissioner. 

Default  in  payment  of  such  royalty,  if  continued  for 
ten  days  after  notice  has  been  posted  upon  the  claim 
In  respect  of  vNhich  it  is  demanded,  or  in  the  vicinity 
of  such  claim,  by  the  Gold  Commissioner  or  his  agent, 
shall  be  followed  by  cancellation  of  the  claim.  Any 
attempt  to  defraud  the  Crown  by  withholding  any 
part  of  the  revenue  thus  provided  for,  by  making  false 
statements  of  the  amount  taken  out,  shall  be  pun- 
ished by  cancellation  of  the  claim  in  respect  of  which 
fraud  or  false  statements  have  been  committed  or 
made  Tn  respect  of  the  facts  as  to  such  fraud  or 
false  statements  or  non-payment  of  royalty,  the  de- 
cision of  the  Gold  Commissioner  shall    be  final. 

15.  After  the   recording   of   a  claim    the  removal   of 


NOUTIIWEST  TKURITOUIKS. 


345 


any  post  by  the  holder  thereof  or  by  any  person  aet- 
inpT  in  bis  iK>lialf  for  the  purpose  of  clianKiiiK  (bf 
l)Oun(lari»«<  of  liis  claim  shall  act  as  a  forfeiture  of 
the  claim. 

1(5.  Tlu?  entry  of  every  b  Ider  of  a  Krant  for  placer 
mining'  must  be  renewed  and  his  receipt  relinciuisbed 
and  replaced  every  year,  the  entrj/^  fee  being  paid  each 
time. 

17.  No  mjner  shall  receive  a  grant  of  more  than  one 
mining  claim  in  the  same  locality,  but  the  same  miner 
may  hold  any  number  of  claims  ])y  purchase,  and  any 
number  of  miners  may  unite  to  work  their  claims  in 
common  upon  such  terms  as  they  may  arrange,  pro- 
vided such  a4?reement  be  registered  with  the  Gold 
Commissioner  and  a  fee  of  five  dollars  paid  for  each 
registration. 

18.  Any  miner  or  miners  may  sell,  mortgage,  or  dis- 
pose of  his  or  their  claims,  provided  such  disposal  he 
registered  with,  and  a  fee  of  two  dollars  paid  to  the 
Gold  Commissioner,  who  shall  thereupon  give  the  as- 
signee a  certificate  in  Form  "J"  in  the  schedule 
hereto. 

19.  Every  miner  shall,  during  the  continuance  of  his 
grant,  have  che  exclusive  right  of  entry  upon  his  own 
claim,  for  the  miner-like  working  thereof,  and  the 
construction  of  a  residence  thereon,  and  shall  be  en- 
titled exclusively  to  all  the  proceeds  realized  there- 
from, upon  which,  however,  the  royalty  prescribed  by 
clause  14  of  these  Regulations  shall  be  payable;  but  he 
shall  have  no  surface  rights  therein;  and  the  Gold 
Commissioner  may  grant  to  the  holders  of  adjacent 
claims  such  right  of  entry  thereon  as  may  be  abso- 
lutely necessai'y  for  the  working  of  their  claims,  upon 
such  terms  as  may  to  him  seem  reasonable.  He  may 
also  grant  permits  to  miners  to  cut  timber  thereon  for 
their  own  use,  upon  payment  of  the  dues  prescribed  by 
the  regulations  in  that  behalf. 

20.  Every  miner  shall  be  entitled  to  the  use  of  so 
much  of  the  water  naturally  flowing  through  or  past 
hia  claim,  and  not  already  lawfully  appropriated,  as 
shall,  in  the  opinion  of  the  Gold  Commissioner  be 
necessary  for  the  due  working  thereof;  and  shall  be 
entitled  to  drain  his  own  claim  free  of  charge. 

21.  A  claim  shall  be  deemed  to  be  abandoned  and 
open  to  occupation  and  entry  by  any  person  when  the 


340 


MINING    REGULATIONS. 


same  sh.all  hnvp  romalnod  unworkod  on  working  days 
by  the  Krantoe  llu-rt'Of  or  by  sonu-  person  on  liis  brhalf 
for  (lie  spaco  of  scvcnty-lwo  hour«,'  unb'ss  sickness  or 
other  reasonable  cause  be  shown  to  the  satisfaction 
of  the  (Jold  Commissioner  or  unless  the  grantee  is 
absent  on  leave  siven  by  tho  Commissioner,  and  the 
Gold  Commissioner,  upon  obtaining  evidence  satis- 
factory to  himself  that  this  provision  is  not  being 
complied  with,  may  cancel  the  entry  given  for  a  claim. 

22.  If  the  land  upon  which  a  claim  has  been  located 
is  not  the  property  of  the  Crown  It  will  be  necessary 
for  the  person  who  applied  for  entry  to  furnish  proof 
that  he  has  acquired  from  the  owner  of  the  land  tho 
surface  rights  before  entry  can  be  granted. 

23.  If  the  occupier  of  the  land  has  not  received  a 
patent  therefor,  the  purchase  money  of  the  surface 
rights  must  be  paid  to  the  Crown,  and  a  patent  of  the 
surface  rights  will  issue  to  the  party  who  acquired  the 
mining  rights.  The  money  so  collected  will  either  be 
refunded  to  the  occupier  of  the  land,  when  he  is  en- 
titled to  a  patent  therefor,  or  will  be  credited  to  him  on 
account  of  payment  for  land. 

24.  When  the  party  obtaining  the  mining  rights  to 
lands  can  not  make  an  arrangement  with  the  owner 
or  his  agent  or  the  occupant  thereof  for  the  acquisition 
of  the  surface  rights,  it  shall  be  lawful  for  him  to  give 
notice  to  the  owner  or  his  agent  or  the  occupier  to 
appoint  an  arbitrator  to  act  with  another  arbitrator 
named  by  him,  in  order  to  award  the  amount  of  com- 
pensation to  which  the  owner  or  occupant  shall  be  en- 
titled. The  notice  mentioned  In  this  section  shall  be 
according  to  a  form  to  be  obtained  upon  application 
from  the  Gold  Commissioner  for  the  district  in  which 
the  lands  in  question  lie,  and  shall,  when  practicable, 
be  personally  served  on  such  owner,  or  his  agent,  if 
known,  or  occupant;  and  after  reasonable  efforts  have 
been  made  to  effect  personal  service,  without  success, 
then  such  notice  shall  be  served  by  leaving  it  at,  or 
sending  by  registered  letter  to,  the  last  place  of  abode 
of  the  owner,  agent  or  occupant.  Such  notice  shall  be 
served  upon  the  owner,  or  agent  within  a  period  to  bo 
fixed  by  the  Gold  Commissioner  before  the  expiration 
of  the  time  limited  in  such  notice.     If  the  proprietor 


1    72  hours  means  3  consecutive  days  of  24  hours  each. 


w 


NORTHWEST  TERRITORIES. 


W7 


rpfuscfl  or  doclinoa  to  appoint  an  arbitrator,  or  when, 
for  any  othor  reason,  no  arbitrator  Is  appoinird  by 
the.  proprietor  in  the  time  limitrd  tbvn'for  in  tbc 
notloo  f)rovi(led  for  by  tbis  seotion,  tlu*  (Jold  Commis- 
sioner for  the  district  In  which  the  lands  In  (piestlon 
He,  shall,  on  being  satlslied  by  alfldavlt  that  such 
notice  has  come  to  the  knowledRC  of  such  owner,  agent 
or  occupant,  or  that  such  owner,  agent  or  occupant 
wilfully  evades  the  service  of  such  notice,  or  can  not 
be  found,  and  that  reasonay)le  efforts  have  been  made 
to  effect  such  service,  and  that  the  notice  was  left  at 
the  last  place  of  abode  of  such  owner,  agent  or  occu- 
pant, appoint  an  arbitrator  on  his  behalf. 

25.  (a)  All  the  arbitrators  appointed  under  the  au- 
thority of  these  regulations  shall  be  sworn  before  a 
Justice  of  the  Peace  to  the  impartial  discharge  of  the 
duties  assigned  to  them,  and  they  shall  forthwith  pro- 
ceed to  estimate  the  reasonable  damages  which  the 
owner  or  occupants  of  such  lands,  according  to  their 
several  Interests  therein,  shall  sustain  by  reason  of 
such  prospecting  and  mining  operations. 

(b)  In  estimating  such  damages  the  arbitrators  shall 
determine  the  value  of  the  land  irrespectively  of  any 
enhancement  thereof  from  the  existence  of  minerals 
therein. 

(c)  In  case  such  arbitrators  can  not  agree,  they 
may  select  a  third  arbitrator,  and  when  the  two  ar- 
bitrators can  not  agree  upon  a  third  arbitrator,  the 
Gold  Commissioner  for  the  district  in  which  the 
lands  In  question  lie  shall  select  such  third  arbitrator. 

(d)  The  award  of  any  two  such  arbitrators  made  in 
writing  shall  be  final,  and  shall  be  filed  with  the  Gold 
Commissioner  for  the  district  in  which  the  lands  He. 

If  any  cases  arise  for  which  no  provision  is  made  in 
these  regulations,  the  provisions  of  the  regulations 
governing  the  disposal  of  mineral  lands  other  than 
coal  lands,  approved  by  His  Excellency  the  Governor 
in  Council  on  the  9th  of  November,  1889,  shall  apply. 


■A 


I 


Mi 


M 


MINING    REGULATIONS. 


FORM    II. 

APPLICATION  FOR  GRANT  FOR  PLACER  MINING 
AND  AFFIDAVIT  OF  APPLICANT. 

I  (or  we) ,  of hereby  apply,  un- 
der the  Dominion  Mining  Regulations,  for  a  grant  of 
a  claim  for  placer  mining  as  defined  In  the  said  Regu- 
lations in  (here  describe  locality)  and  I  (or  we)  solemnly 
swear: 

1.  That  I  (or  we)  have  discovered  therein  a  de- 
posit of  (here  name  the  metal  or  minera'". 

2.  That  I  (or  we)  am  (or  are)  to  the  oest  of  my 
(or  our)  knowledge  and  belief,  the  first  discoverer 
(or  discoverers)  of  the  said  deposit;    or: 

3.  That  the  said  claim  was  previously  granted  to 
(here  name  the  last  grantee),  but  has  remained  un- 
worked  by  the  said  grantee  for  not  less  than   

4.  That  I  (or  we)  am  (or  are)  unaware  that  the 
land  Is  other  than  vacant  Dominion  land. 

5.  That  I  (or  we)  did,  on  the  day  of  

mark  out  on  tlie  ground,  in  accordance  in  every 
particular  with  the  provisions  of  the  mining  regula- 
tions, for  the  Yukon  River  and  its  tributaries,  the 
claim  for  which  I  (or  we)  make  this  application, 
and  that  In  ao  doing  I  (or  we)  did  not  encroach  on 
any  other  claim  or  mining  location  previously  laid 
out  by  any  other  person. 

6.  That    the    said    claim    contains,    as    nearly    as    I 

(or  we)  could  measure  or  estimate,  an  area  of  

square  feet,  and  that  the  description  (and  sketch,  if 
any)  of  this  date  hereto  attached,  signed  by  me  (or 
us),  sets  (or  set)  forth  in  detail,  to  the  best  of  my 
(or  our)  knowledge  and  ability,  its  position,  form 
and  dimensions. 

7.  That  I  (or  we)  make  this  application  in  good 
faith,  to  acquire  the  claim  for  the  sole  purpose  of 
mining,  to  be  prosecuted  by  myself  (or  us)  or  by 
myself  and  associates,  or  by  my  (or  our)   assigns. 

Sworn    before    me    at    ,    this    day    of 

18.. 

(Signature.)    


. 


NOKTllWKST  TEUUITOUIES, 


340 


FORM   I. 

GRANT    FOR   PLACER    MINING. 

No Department    of    the    Interior, 

Agency,    18.... 

In  consideration  of  the  payment  of  the  fee  pre- 
scribed  by   clause   13   of   the  Mining   Regulations    for 

the    Yukon    River    and     its     tributaries,     by     

,  of  ,  accompanying  his  (or  their)  ap- 
plication No dated  18 for  a  min- 
ing claim  in   (here   Insert  description  of   locality). 

The   Minister   of  the   Interior  hereby  grants   to   the 

said    ,    for   the  term   of   one  year   from 

the  date  hiereof,  the  exclusive  right  of  entry  upon 
the  claim  (here  describe  in  detail  the  claim  granted) 
for  the  miner-like  working  thereof  and  the  con- 
struction of  a  residence  thereon,  and  the  exclusive 
right  to  all  the  proceeds  realized  therefrom,  upon 
which,  however,  the  royalty  prescribed  by  clause  14 
of  the  Regulations   shall   be  paid. 

The  said  shall  be  entitled  to  the  use 

of  so  much  of  the  water  naturally  flowing  through 
or  past  his  (or  their)  claim,  and  not  already  law- 
fully appropriated,  as  shall  be  necessary  for  the 
due  working  thereof,  and  to  drain  his  (or  their) 
claim,  free  of  charge. 

This  grant  does  not  convey  to  the  said  

any  surface  rights  in  the  said  claim,  or  any  right  of 
ownership  in  the  soil  covered  by  the  said  claim; 
and  the  said  grant  shall  lapse  and  be  forfeited  un- 
less   the    claim    is    continuously    and    in    good     faith 

worked  by   the   said   or  his   (or  their) 

associates. 

The  rights  hereby  granted  are  those  laid  down  in 
the  aforesaid  mining  regulations,  and  no  more,  and 
are  subject  to  all  the  provisions  of  the  said  regula- 
tions, whether  the  same  are  expressed  herein  or 
not. 


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23  WEST  MAIN  STREET 

WEBSTER,  NY.  14580 

(716)  872-4503 


350 


MINING    llEGULATIONS. 


FORM  J. 

CERTIFICATE     OF     THE     ASSIGNMENT     OF     A 
PLACER    MINING    CLAIM. 

No Department  of  the  Interior, 

Agency 18.. 

This  is  to  certify  that  of  ,  has 

(or   have)    filed  an  assignment    in  due     form     dated 

18 and  accompanied  by  a  registration  fee 

of  two  dollars,  of  the  grant    to     of 

of  the  right  to  mine  in  (insert  description  of 

claim)  for  one  year  from  the   ,  18 — 

This   certificate   entitles   the  said    to 

all  the  rights  and  privileges,  of  the  said  

in  respect  of  the  claim  assigned,  that  is  to  say,  to  the 
exclusive  right  of  entry  upon  the  said  claim  for  the 
miner-like  working  thereof  and  the  construction  of 
a  residence  thereon,  and  the  exclusive  right  to  all 
the  proceeds  realized  therefrom  (upon  which,  how- 
ever^  the  royalty  prescribed  by  clause  14  of  the  Reg- 
ulations shall  be  paid)  for  the  remaining  portion  of 
the  year  for  which   the  said  claim  was  granted,    to 

the    said    that    is    to    say,    until    the 

day  of  18 — 

The  said  shall  be  entitled  to  the  use 

of  so  much  of  the  water  naturally  flowing  through 
or  past  his  (or  their)  claim  and  not  already  lawfully 
appropriated,  as  shall  be  necessary  for  the  due 
working  thereof,  and  to  drain  the  claim  free  of 
charge. 

This    grant    does    not    convey    to    the    said    

any  surface  rights  in  the  said  claim,  or  any 

right  of  ownership  in  the  soil  covered  by  the  said 
claim;  and  the  said  grant  shall  lapse  and  be  for- 
feited unless  the  claim  is  continuously,   and  in  good 

faith,   worked  by  the  said   or  his   (or 

their)   associates. 

The  rights  hereby  granted  are  thoje  laid  down  In 
the  Dominion  Mining  Regulations,  and  no  more,  and 
are  subject  to  all  the  provlaions  of  the  said  regula- 
tions, whether  the  same  are  expressed  herein  or  not. 


N.  B.- 


Gold  Commissioner. 
-The  provisions  of  these  Regulations  are  lia- 


NOUTUWEST  TEURITOUIES. 


351 


ble  to  be  changed  at  any  time.  Copies  of  the  latest 
Regulations  may  be  obtained  by  applying  to  the  De- 
partment of  the  Interior,  Ottawa,  Ontario;  or  to  the 
Gold  Commissioner  at  Cudahy,  Yukon  District, 
Northwest   Territories. 


REGULATIONS    GOVERNING     PLACER     MINING 

IN      THE.    PROVISIONAL      DISTRICT      OF 

YUKON,   NORTHWEST  TERRITORIES. 

(Approved  by  order  in  Council  of  January  18,  1898.) 


INTERPRETATION. 


"Free  miner"  shall  mean  a  male  or  female  over  the 
age  of  18,  but  not  under  that  age,  or  joint-stock  com- 
pany, named  in,  and  lawfully  possessed  of,  a  valid 
existing  free  miner's  certificate,  and  no  other. 

"Legal  post"  shall  mean  a  stake  standing  not  less 
than  4  feet  above  the  ground  and  flatted  on  two 
sides  for  at  least  1  foot  from  the  top.  Both  sides 
so  flatted  shall  measure  at  least  4  inches  across  the 
face.  It  shall  also  mean  any  stump  or  tree  cut  off 
and  flatted  or  faced  to  the  above  height  and  size. 

"Close  season"  shall  mean  the  period  of  the  year 
during  which  placer  mining  is  generally  suspended; 
the  period  to  be  fixed  by  the  mining  recorder  In 
whose  district  the  claim  is  situated. 

"Mineral"  shall  include  all  minerals  whatsoever, 
other  than  coal. 

"Joint-stock  company"  shall  mean  any  company  in- 
corporated for  mining  purposes  under  a  Canadian 
charter  '  f  licensed  by  the  Government  of  Canada. 

"Mining  recorder"  shall  mean  the  official  appointed 
by  the  Gold  Commissioner  to  record  applications  and 
grant  entries  for  claims  in  the  mining  divisions  into 
which  the  Commissioner  may  divide  the  Yukon  Dis- 
trict. 


^1 


FREE   MINERS    AND  THEIR    PRIVILEGES. 
%.    Every  person  over,   but  not  under,    18  yearn  pf 


352 


MINING    REGULATIONS. 


age,  and  every  joint-stock  company,  shall  be  entitled 
to  all  the  rights  and  privileges  of  a  free  miner  under 
these  regulations  and  under  the  regulations  govern- 
ing quartz  mining,  and  shall  be  considered  a  free 
miner  upon  taking  out  a  free  miner's  certificate.  A 
free  miner's  certificate  issued  to  a  joint-stock  com- 
pany shall  be  issued  in  its  corporate  name.  A  free 
miner's  certificate  shall  not  be  transferable. 

2.  A  free  miner's  certificate  may  be  granted  for 
one  year,  to  run  from  the  date  thereof  or  from  the 
expiration  of  the  applicant's  then  existing  certificate, 
upon  the  payment  therefor  of  the  sum  of  $10,  unless 
the  certificate  is  to  be  issued  in  favor  of  a  joint-stock 
company,  in  which  case  the  fee  shall  be  $50  for  a 
company  having  a  nominal  capital  of  $100,000  or  less, 
and  for  a  company  having  a  nominal  capital  ex- 
ceeding nOO.OOO  the  fee  shall  be  $100.  Only  one  person 
or  joint-stock  company  shall  be  named  in  a  certifi- 
cate. 

3,  A  free  miner's  certificate  shall  be  on  the  follow- 
ing form: 

DOMINION    OF    CANADA. 
FREE  MINER'S  CERTIFICATE. 


Date 


(Nontransferable.) 


No. 


Valid   for  one   year   only. 

This  is  to  certify  that  ,  of  ,  has 

paid  me  this  day  the  sum  of  and  is  entitled  to 

all  the  rights  and  privileges  of  a  free  miner,  under 
any  mining  regulations  of  the  Government  of  Can- 
ada,  for  one  year  from   the    day  of  , 

189..  ,, 

This  certificate  shall  also  grant  to  the  holder  there- 
of the  privilege  of  fishing  and  shooting,  subject  to 
the  provisions  of  any  act  which  has  been  passed  or 
which  may  hereafter  be  passed  for  the  protection 
of  game  and  fish;  also,  the  privilege  of  cutting  tim- 
ber for  actual  necessities,  for  building  houses,  boats, 
and  for  general  mining  operations;  such  timber, 
however,  to  bd  for  the  exclusive  use  of  the  miner 
himself,  but  such  permission  shall  not  extend  to  tim- 
ber which  may  have  been  heretofore  or  which   may 


n 


NORTHWEST  TERRITORIKS. 


353 


hereafter    be   granted    to    other    persons   or   corpora- 
tions. 

4.  Free  miners'  certificates  may  be  obtained  by  ap- 
pHcants  in  person  at  the  Department  of  the  Interior, 
Ottawa,  or  from  the  agents  of  Dominion  lands  at 
Winnipeg,  Manitoba;  Calgary,  Edmonton,  Prince 
Albert,  in  the  Northwest  Territories;  Kamloops  and 
New  Westminster,  in  the  Province  of  British  Co- 
lumbia; at  Dawson  City,  in  the  Yukon  District;  also 
from  agents  of  the  Government  at  Vancouver  and 
Victoria,  British  Columbia,  and  at  other  places  which 
may  from  time  to  time  be  named  by  the  Minister  of 
the  Interior. 

5.  If  any  person  or  joint-stock  company  shall  ap- 
ply for  a  free  miner's  certificate  at  the  agent's  office 
during  his  absence,  and  shall  leave  the  fee  required 
by  these  regulations  with  the  ofl!icer  or  other  person 
in  charge  of  said  office,  he  or  it  shall  be  entitled  to 
have  such  certificate  from  the  date  of  such  applica- 
tion; and  any  free  miner  shall  at  any  time  be  en- 
titled to  obtain  a  free  miner's  certificate,  commenc- 
ing to  run  from  the  expiration  of  his  then  existing 
free  miner's  certificate,  provided  that  when  he  ap- 
plies for  such  certificate  he  shall  produce  to  the 
agent,  or  In  case  of  his  absence  shall  leave  with  the 
officer  or  other  person  In  charge  of  the  agent's  office, 
such  existing  certificate.  ' 

6.  If  any  free  miner's  certificate  be  accidentally 
destroyed  or  lost,  the  owner  thereof  may,  on  pay- 
ment of  a  fee  of  $2,  have  a  true  copy  of  it,  signed 
by  the  agent  or  other  person  by  whom  or  out  of 
whose  office  the  original  was  issued.  Every  such 
copy  shall  be  marked  "Substituted  certificate;"  and 
unless  some  material  irregularity  be  shown  in  re- 
spect thereof,  every  original  or  substituted  free  min- 
er's certificate  shall  be  evidence  of  all  matters  there- 
in contained. 

7.  No  person  or  joint-stock  company  will  be  recog- 
nized as  having  any  right  or  interest  in  or  to  any 
placer  claim,  quartz  claim,  mining  lease,  bedrock 
flume  grant,  or  any  minerals  in  any  ground  com- 
prised therein,  or  in  or  to  any  water  right,  mining 
ditch,  drain,  tunnel,  or  fiume,  unless  he  or  it  and 
every  person  In  his  or  Its  employment  shall  have  a 
free   miner's  pertlflctite  unexpired.     And  on    the   ex- 

2? 


354 


MINING    REGULATIONS. 


piration  of  a  free  miner's  certificate  the  owner  there- 
of shall  absolutely  forfeit  all  his  rights  and  interest 
in  or  to  any  placer  claim,  mining  lease,  bedrock  flume 
grant,  and  any  minerals  in  any  ground  comprised 
therein,  and  in  or  to  any  and  every  water  right, 
mining  ditch,  drain,  tunnel,  or  flume,  which  may  be 
held  or  claimed  by  such  owner  of  such  expired  free 
miner's  certificate,  unless  such  owner  shall,  on  or 
before  the  day  following  the  expiration  of  such  cer- 
tificate, obtain  a  new  free  miner's  certificate;  pro- 
vided, nevertheless,  that  should  any  co-owner  fail 
to  keep  up  his  free  miner's  certificate,  such  failure 
shall  not  cause  a  forfeiture  or  act  as  an  abandon- 
ment of  the  claim,  but  the  interest  of  the  co-owner 
who  shall  fail  to  keep  up  his  free  miner's  certificate 
shall,  ipso  facto,  be  and  become  vested  in  his  co- 
owners,  pro  rata,  according  to  their  former  interests; 
provided,  nevertheless,  that  a  shareholder  in  a  joint- 
stock  company  need  not  be  a  free  miner,  and,  though 
not  a  free  miner,  shall  be  entitled  to  buy,  sell,  hold, 
or  dispose  of  any  shares  therein. 

8.  Every  free  miner  shall,  during  the  continuance 
of  his  certificate,  but  not  longer,  have  the  right  to 
enter,  locate,  prospect,  and  mine  for  gold  and  other 
minerals  upon  any  lands  in  the  Yukon  District, 
whether  vested  in  the  Crown  or  otherwise,  except 
upon  Government  reservations  for  town  sites,  land 
which  Is  occupied  by  any  building,  and  any  land 
falling  within  the  curtilage  of  any  dwelling  house, 
and  any  land  lawfully  occupied  for  placer  mining 
purposes,   and  also  Indian  reservations. 

9.  Previous  to  any  entry  being  made  upon  lands 
lawfully  occupied,  such  free  miner  shall  give  ade- 
quate security,  to  the  satisfaction  of  the  mining  re- 
corder, for  any  loss  or  damage  which  may  be  caused 
by  such  entry;  and  after  such  entry  he  shall  make 
full  compensation  to  the  occupant  or  owner  of  such 
lands  for  any  loss  or  damage  which  may  be  caused 
by  reason  of  such  entry;  such  compensation,  in  c.  e 
of  dispute,  to  be  determined  by  a  court  having  juris- 
diction In  mining  disputes,  with  or  without  a  jury. 

NATURE  AND  SIZE  OF  CLAIMS. 

10.  A  creek  or  gulch  claim  shall  be  250  feet  long, 
measured   In   the   general   direction   of   the   creek   or 


NORTHWEST  TEURITORIP^S. 


355 


gulch  The  boundaries  of  the  claim  which  run  in 
the  general  direction  of  the  creek  or  gulch  shall  be 
lines  along  bed  or  rim  rock  3  feet  higher  than  the 
rim  or  edge  of  the  creek,  or  the  lowest  general  level 
of  the  gulch  within  the  claim,  so  drawn  or  marked 
as  to  be  at  every  point  3  feet  above  the  rim  or  ed«e 
of  the  creek  or  the  lowest  general  level  of  the  gulch, 
opposite  to  it  at  right  angles  to  the  general  direction 
of  the  claim  for  its  length;  but  such  boundaries 
shall  not  in  any  case  exceed  1,000  feet  on  each  h1'T*» 
of  the  center  of  the  stream  or  gulch.  (See  Diagram 
No.  1.) 

11.  If  the  boundaries  be  less  than  100  feet  apart 
horizontally,  they  shall  be  lines  traced  along  bed  or 
rim  rock  100  feet  apart  horizontally,  following  as 
nearly  as  practicable  the  direction  of  the  valley  for 
the  length  of  the  claim.    (See  Diagram  No.  2.) 

12.  A  river  claim  shall  be  situated  only  on  one 
side  of  the  river  and  shall  not  exceed  250  feet  in 
length,  measured  in  the  general  direction  of  the  river. 
The  other  boundary  of  the  claim,  which  runs  in  the 
general  direction  of  the  river,  shall  be  lines  along 
bed  or  rim  rock  3  feet  higher  than  the  rim  or  edge 
of  the  river  within  the  claim,  so  drawn  or  marked 
as  to  be  at  every  point  8  feet  above  the  rim  or  edge 
of  the  river  opposite  to  it,  at  right  angles  to  the 
general  direction  of  the  claim  for  its  length;  but 
such  boundaries  shall  not  in  any  case  be  less  than 
250  feet  or  exceed  a  distance  of  1,000  feet  from  low 
watermark  of  the  river.     (See  Diagram  No.  3.) 

13.  A  "hill  claim"  shall  not  exceed  250  feet  in  length, 
drawn  parallel  to  the  main  direction  of  the  stream  or 
ravine  on  vrhlch  it  fronts.  Parallel  lines  drawn  from 
each  end  of  the  base  line  at  right  angles  thereto,  and 
running  to  the  summit  of  the  hill  (provided  the  dis- 
tance does  not  exceed  1,000  feet),  shall  constitute  the 
end  boundaries  of  the  claim. 

14.  All  other  placer  claims  shall  be  250  feet  square. 

15.  Every  placer  claim  shall  be  as  nearly  as  possi- 
ble rectangular  in  form,  and  marked  by  two  legal 
posts  firmly  fixed  in  the  g-^oand  in  the  manner  shown 
in  Diagram  No.  4.  The  line  between  the  two  posts 
shall  be  well  cut  out,  so  that  one  post  mpv,  if  the 
nature  of  the  surface  will  permit,  be  seen  trom  the 
other.     The  flatted  side  of  each   post  shal    face  the 


r  I 


: 


I 


ip 


356 


MINING    KftGULATIONS. 


claim,  and  on  each  post  shall  be  written  on  the  side 
facing  the  claim  a  legible  notice,  stating  the  name 
or  number  of  the  claim,  or  both,  if  possible;  its 
length  in  feet,  the  date  when  staked,  and  the  full 
Christian  and  surname  of  the  locator. 

16.  Every  alternate  ten  claims  shall  be  reserved  for 
the  Government  of  Canada.  That  is  to  say,  when  a 
claim  is  located,  the  discoverer's  claim  and  nine  ad- 
ditional claims  adjoining  each  other  and  numbered 
consecutively  will  be  open  for  registration;  then  the 
next  ten  claims  of  250  feet  each  will  be  reserved  for 
the  Government,  and  so  on.  The  alternate  group  of 
claims  reserved  for  the  Crown  shall  be  disposed  of 
in  such  manner  as  may  be  decided  by  the  Minister  o£ 
the  Interior. 

17.  The  penalty  for  trespassing  upon  a  claim  re- 
served for  the  Crown  shall  be  immediate  cancellation 
by  the  mining  recorder  of  any  entry  or  entries  which 
the  person  trespassing  may  have  obtained,  whether 
by  original  entry  or  purchase,  for  a  mining  claim, 
and  the  refusal  by  the  mining  recorder  of  the  ac- 
ceptance of  any  application  which  the  person  tres- 
passing may  at  any  time  make  for  a  claim.  In  ad- 
dition to  such  penalty,  the  mounted  police,  upon  a 
requisition  from  the  mining  recorder  to  that  effect, 
shall  take  the  necessary  steps  to  eject  the  trespasser. 

18.  In  defining  the  size  of  claims,  they  shall  be 
measured  horizontally,  irrespective  of  inequalities  on 
the  surface  of  the  ground. 

19.  If  any  free  miner  or  party  of  free  miners  dis- 
cover a  new  mine,  and  such  discovery  shall  be  estab- 
lished to  the  satisfaction  of  the  mining  recorder- 
creek,  river,  or  hill— claims  of  the  following  size  shall 
be  allowed,  namely: 

To  one  discoverer,  one  claim,  500  feet  in  length. 

To  a  party  of  two  discoverers,  two  claims,  amount- 
ing toi?ether   to   1,000  feet   in   length. 

To  each  member  of  a  party  beyond  two  in  number, 
a  claim  of  the  ordinary  size  only. 

20.  A  new  stratum  of  auriferous  earth  or  gravel 
situated  in  a  locality  where  the  claims  have  been 
abandoned  shall  for  this  purpose  be  deemed  a  new 
mine,  although  the  same  locality  shall  have  been  pre- 
viously worked  at  a  different  level. 

21.  The  forms  of  application  for  a  grant  for  placer 


Northwest  trrritouies. 


357 


mining,  and  the  grant  of  the  same,  shall  be  those 
contained  in  Forms  '  H"  and  "I"  in  the  schedule 
he  ^to. 

22.  A  claim  aiiall  be  recorded  with  the  mining  re- 
corder in  whose  district  it  is  situated  within  ten 
days  after  the  location  thereof,  if  it  is  located  with- 
in ten  miles  of  the  mining  recorder's  office.  One 
extra  day  shall  be  allowed  for  every  additional  10 
miles  or  fraction  thereof. 

23.  In  the  event  of  the  claim  being  more  than  100 
miles  from  a  recorder's  office,  and  situated  where 
other  claims  are  bein^  located,  the  free  miners,  not 
less  than  five  in  number,  are  authorized  to  meet  and 
appoint  one  of  their  number  a  "free  miners'  recorder," 
who  shall  act  In  that  capacity  until  a  mining  recorder 
is  appointed  by  the  Gold  Commissioner. 

24.  The  "free  miners'  recorder"  shall,  at  the  ear- 
liest possible  date  after  his  appointment,  notify  the 
nearest  Government  mining  recorder  thereof,  and 
upon  the  arrival  of  the  Government  mining  recorder, 
he  shall  deliver  to  him  his  records  and  the  fees  re- 
ceived for  recording  the  claims.  The  Government 
mining  recorder  shall  then  grant  to  each  free  miner 
whose  name  appears  In  the  records  an  entry  for  his 
claim  on  Form  "I"  of  these  regulations,  provided  an 
application  has  been  made  by  him  in  accordance  with 
Form  "H"  thereof;  the  entry  to  date  from  the  time 
the  "free  miners'  recorder"  recorded  the  application. 

25.  If  the  "free  miners'  recorder"  fails  within  three 
months  to  notify  the  nearest  Government  mining  re- 
corder of  his  appointment,  the  claims  which  he  may 
have  recorded  will  be  canceled. 

26.  During  the  absence  of  the  mining  recorder  from 
his  office,  the  entry  for  a  claim  may  be  granted  by 
any  person  whom  he  may  appoint  to  perform  his  du- 
ties in  his  absence. 

27.  Entry  shall  not  be  ^rranted  for  a  claim  which 
has  not  been  staked  by  the  applicant  in  person  in 
the  manner  specified  in  these  regulations.  An  affida- 
vit that  the  claim  was  staked  out  by  the  applicant 
shall  be  embodied  in  Form  "H"  in  the  schedule 
hereto. 

28.  An  entry  fee  of  $15  shall  be  charged  the  first 
year,  and  an  annual  fee  of  $15  for  each  of  the  follow- 


ft68 


MINING    REGULATIONS. 


DIAGRAM  No.  I. 

PUN  OF  CREEK  OR  GULCH  CLAIM. 


fut 


r 
V 


\ 


( 


SEaiONAL  PLAN  OF  A  CREEK  CLAIM. 


SECTIONAL  PLAN  OF  A  GULCH  CLAIM. 


NORTHWEST  TERRITORIES, 


350 


Ing  years.     This  provision   shall   apply   to  claims   for 
which  entries  have  already  been  granted. 

29.  A  statement  of  the  entries  granted  and  fees 
collected  shall  be  rendered  by  the  mining  recorder 
to  the  gold  commissioner  at  least  every  three 
months,  which  shall  be  accompanied  by  the  amount 
collected. 


f 


i      ' 


DIAGRAM  No.  2. 

PUN  SHOWING  SIDE  BO'-NDARIES  LESS  THAN 
100  FEET  APART 

100  f-t 


DIAGRAM  No.  3. 

SEaiONAL  PUN  OF  A  RIVER  CUIM. 


30.  A  royalty  of  10  per  cent,  on  the  gold  mined  shall 
be  levied  and  collected  on  the  gross  output  of  each 
claim.  The  royalty  may  be  paid  at  banking  offices 
to  be  established  under  the  auspices  of  the  Govern- 
ment of  Canada,  or  to  the  Gold  Commissioner,  or  to 
any  mining  recorder  authorized  by  him.  The  sum  of 
$2,500  shall  be  deducted  from  the  gross  annual  output 
of  a  claim  when  estimating  the  amount  upon  which 
royalty  is  to  be  calculated;  but  this  exemption  shall 
not  be  allowed  unless  the  royalty  is  paid  at  a  bank- 
ing office  or  to  the  Gold  Commissioner  or  mining 
recorder.     When  the   royalty   is  paid   monthly   or  at 


f* 


860 


MINING    REGULATIONS. 


longer  periods,  the  deduction  shall  be  made  ratable 
on  the  basis  of  $2,500  per  annum  for  the  claim.  If 
not  paid  to  the  bank.  Gold  Commissioner,  or  mining 
recorder,  it. shall  be  collected  by  the  customs  officials 
or  police  officers  when  the  miner  passes  the  posts 
established  at  the  boundary  of  a  district;    such  royal- 

DIAGRAM  No.  4. 

SHOWING  HOW  CLAIMS  ARE  TO  BE  STAKED. 
Pim  Of  A  CREEK  OR  GULCH  CLAIM. 


PLAN  OF  A  RIVER  CLAIM 


ty  to  form  part  of  the  consolidated  revenue,  and  to 
be  accounted  for  by  the  officers  who  collect  the  same 
in  due  course.  The  time  and  manner  in  which  such 
royalty  shall  be  collected  shall  be  provided  for  by 
regulations  to  be  made  by  the  Gold  Commissioner. 

31.    Default  in  payment  of  such  royalty,  if  contin- 
ued  for   ten   days   after   notice   has    been   posted   on 


is 

15 


f 


NORTHWEST  TERRITORIES. 


Ml 


the  claim  in  respect  of  which  it  la  demanded,  or  in 
the  vicinity  of  such  claim,  by  the  Gold  Commissioner 
or  his  agent,  shall  be  followed  by  cancellation  of  the 
claim.  Any  attempt  to  defraud  the  Crown  by  with- 
holding- any  part  of  the  revtiiwo  thus  provided  for, 
by  making  false  statements  of  tho  amount  taken  out, 
shall  be  punished  by  cancellat'ou  of  the  claim  in  re- 
spect of  which  fraud  or  fai  e  st  Uements  have  been 
committed  or  made.  In  i^^pect  to  +he  facts  as  to 
such  fraud  or  false  statements  or  non-payment  of 
royalty,  the  decision  of  the  G  Id  Commissioner  shall 
be  final. 

32.  After  the  recording  of  a  claim,  the  removal  of 
any  post  by  the  holder  thereof,  or  by  any  person  act- 
ing in  his  behalf,^  for  the  purpose  of  chang^nt;  the 
boundaries  of  his  claim,  shall  act  as  a  forfeiture  of 
the  claim. 

33.  The  entry  of  every  holder  of  a  grant  for  placer 
mining  must  be  renewed  and  his  receipt  relinquished 
and  replaced  every  year,  the  entry  fee  being  paid 
each  time. 

34.  The  holder  of  a  creek,  gulch,  or  river  claim 
may,  within  sixty  days  after  staking  out  the  claim, 
obtain  an  entry  for  a  hill  claim  adjoining  it  by  pay- 
ing to  the  mining  recorder  the  sum  of  $100.  This  per- 
mission shall  also  be  given  to  the  holder  of  a  creek, 
gulch,  or  river  claim  obtained  under  former  regula- 
tions, provided  that  the  hill  claim  Is  available  at  the 
time  an  application  Is  made  therefor. 

35.  No  miner  shall  receive  a  grant  of  more  than 
one  mining  claim  In  a  mining  district',  the  boundaries 
of  which  shall  be  defined  by  the  mining  recorder,  but 
the  same  miner  may  also  hold  a  hill  claim,  acquired 
by  him  under  these  regulations  In  connection  with 
a  creek,  gulch,  or  river  claim,  and  any  number  of 
claims  by  purchase;  and  ar»y  number  of  miners  may 
unite  to  work  their  claims  In  common,  upon  such 
terms  as  they  may  arrange,  provided  such  agreement 
Is  registered  with  the  mining  recorder  and  a  fee  of 
$5  paid  for  each  registration. 

36.  Any  free  miner  or  miners  may  sell,  mortgage, 
or  dispose  of  his  or  their  claims,  provided  such  dis- 
posal be  registered  with,  and  a  fee  of  $2  paid  to,  the 
mining  recorder,   who  shall   thereupon  give  the   as- 


!  ? 


d62 


MINING    tlGGtJLATlONS. 


si^rnee  a  certificate  in  the  Form  "J"  in  tlie  schedule 
hereto. 

37.  Every  free  miner  shall,  during  the  continuance 
of  his  grant,  have  the  exclusive  right  of  entry  upon 
his  own  claim  for  the  miner-like  working  thereof, 
and  the  construction  of  a  residence  thereon,  and  shall 
be  entitled  exclusively  to  all  the  proceeds  realized 
therefrom,  upon  which,  however,  the  royalty  pre- 
scribed by  these  regulations  shall  be  payable;  pro- 
vided that  the  mining  recorder  may  grant  to  the 
holders  of  other  claims  such  right  of  entry  thereon 
as  may  be  absolutely  necessary  for  the  working  of 
their  claims  upon  such  terms  as  may  to  him  seem 
reasonable.  He  may  also  grant  permits  to  miners  to 
cut  timber  thereon  for  their  own  use. 

38.  Every  free  miner  shall  be  entitled  to  the  use  of 
so  much  of  the  water  naturally  flowing  through  or 
past  his  claim,  and  not  already  lawfully  appropriated, 
as  shall,  in  the  opinion  of  the  mining  recorder,  be 
necessary  for  the  due  working  thereof,  and  shall  be 
entitled  to  drain  his  own  claim  free  of  charge. 

39.  A  claim  shall  be  deemed  to  be  abandoned  and 
open  to  occupation  and  entry  by  any  person  when 
the  same  shall  have  remained  un worked  on  working 
days,  excepting  during  the  close  season,  by  the 
grantee  thereof  or  by  some  person  on  his  behalf  for 
the  space  of*  seventy-two  hours,  unless  sickness  or 
other  reasonable  cause  be  shown  to  the  satisfaction 
of  the  mining  recorder,  or  unless  the  grantee  is  ab- 
sent on  leave  given  by  the  mining  recorder,  and  the 
mining  recorder.  Upon  obtaining  evidence  satisfactory 
to  himself  that  this  provision  is  not  being  complied 
with,  may  cancel  the  entry  given  for  a  claim. 

40.  If  any  cases  arise  for  which  no  provision  Is 
made  in  these  regulations,  the  provisions  of  the  regu- 
lations governing  the  disposal  of  mineral  lands  other 
than  coal  lands,  approved  by  his  excellency  the  gov- 
ernor in  council  on  the  9th  of  November,  1889,  or  such 
other  regulations  as  may  be  substituted  therefor, 
shall  apply. 

1    72  hours  means  3  coDsecHtive  days  of  24  boirs  eacL> 


. 


T 


f 


NORtltWfeSt  TEiltlttORIES. 


36d 


FORM  H.— APPLICATION  FOR  GRANT  FOR  PLA- 
CER   MINING,    AND    AFFIDAVIT    OF 
APPLICANT. 

I   (or  we)   of   hereby   apply, 

under  the  Yukon  placer-mining  regulations,  for  a 
grant  of  a  claim  for  placer  mining,  as  defined  in  the 
said  regulations,  in  (here  describe  locality),  and  I 
(or  we)  solemnly  swear: 

1.  That  from  indications  I  (or  we)  have  observed 
on  the  claim  applied  for,  I  (or  we)  have  reason  to  be- 
lieve that  there  is  therein  a  deposit  of  gold. 

2.  Tha,t  I  (or  we)  am  (or  are)  to  the  best  of  my  (or 
our)  knowledge  and  belief  the  first  to  observe  such 
indications,  or: 

3.  That  the  said  claim  was  previously  granted  to 
(here  name  the  last  grantee),  but  has  remained  un- 
worked  by  the  said  grantee  for  not  less  than   

4.  That  I  (or  we)  am  (or  are)  unaware  that  the 
land  is  other  than  vacant  Dominion  lands. 

5.  That  I  (or  we)  did  on  the  day  of  

mark  out  on  the  ground,  in  accordance  in  every  par- 
ticular with  the  provisions  of  the  mining  regulations 
for  the  Yukon  District,  the  claim  for  which  I  (or  we) 
make  this  application,  and  in  so  doing  I  (or  we)  did 
not  encroach  on  any  other  claim  or  mining  location 
previously  laid  out  by  any  other  person.  • 

6.  That  the  length  of  the  said  claim,  as  nearly  as 

I  (or  we)  could  measure,  is  feet,  and  that  the 

description  of  this  date  hereto  attached,  signed  by 
me  (or  us),  sets  (or  set)  forth  in  detail,  to  the  best 
of  my  (or  cur)  knowledge  and  ability,  its  position. 

7.  That  I  (or  we)  make  this  application  in  good 
faith,  to  acquire  the  claim  for  the  sole  purpose  of 
mining  to  be  prosecuted  by  myself  (or  us)  or  by  my- 
self and  associates,  or  by  my  (or  our)  assigns. 

Sworn  before  me  at  this 

day  of  ,18.... 

(Signature.) 

FORM    I.— GRANT    FOR    PLACER    MINING. 

No Department  of  the  Interior, 

Agency  18 — 

In  consideration  of  the  payment  of  the  fee  of  $15 
prescribed  by  clause  28  of  the  mining  regulations  for 


j| 


3G4 


MINING    REGULATIONS. 


the  Yukon   District,  by  (A.   B.)  of   accompa-. 

nyin§r    his    (or    their)    application    No — ,    dated 

18 for  a  mining  claim  in  (here  insert  de- 
scription of  locality). 

The  Minister  of  Interior  hereby  grants  to  the  said 
(A.  B.)  for  the  term  of  one  year  from  the  date  hereof, 
the  exclusive  right  of  entry  upon  the  claim  (here  de- 
scribe in  detail  the  claim  granted)  for  the  miner-like 
working  thereof,  and  the  construction  of  a  residence 
thereon,  and  the  exclusive  right  to  all  the  proceeds 
realized  therefrom,  upon  which,  however,  the  royalty 
prescribed  by  the  regulations  shall  be  paid. 

The  said  (A.  B.)  shall  be  entitled  to  the  use  of  so 
much  of  the  water  naturally  flowing  through  or  past 
his  (or  their)  claim,  and  not  already  lawfully  appro- 
priated, as  shall  be  necessary  for  the  due  working 
thereof,  and  to  drain  his  (or  their)  claim,  free  of 
charge. 

This  grant  does  not  convey  to  the  said  (A.  B.)  any 
right  of  ownership  in  the  soil  covered  by  the  said 
claim,  and  the  said  grant  shall  lapse  and  be  forfeited 
unless  the  claim  is  continuously  and  in  good  faith 
worked  by  the  said  (A.  B.)  or  his  (or  their)  asso- 
ciates. 

The  rights  hereby  granted  are  those  laid  down  In 
the  aforesaid  mining  regulations,  and  no  more,  and 
arfe  subject  to  all  the  provisions  of  the  said  regula- 
tions, whether  the  same  are  expressed  herein  or  not. 


Mining  Recorder. 


FORM    J.-CERTIPICATE   OF    THE   ASSIGNMENT 
OF  A  PLACER-MINING  CLAIM. 


No. 


Department  of  the  Interior, 

Agency  18.... 

This  is  to  certify  that  (B.   C),   of   ,  has   (or 

have)  flled  an  assignment  in  due  form  dated  

18....,    and   accompanied   by  a  registration   fee   of  $2, 

of  the  grant  to  (A.  B.),  of  .'. ,  of  the  right  to  mine 

in  (here  insert  description  of  claim)  for  one  year  from 

the  18.... 

This  certiflcate  entitles  the  said  (B.  C.)  to  all  the 


NORTHWEST  TERRITORIES. 


865 


rights  and  privileges  of  the  said  (A.  B.)  in  respect  to 
the  claim  assigned;  that  is  to  say,  to  the  exclusive 
right  of  entry  upon  the  said  claim  for  the  miner-like 
working  thereof  and  the  construction  of  a  residence 
thereon,  and  the  exclusive  right  to  all  the  proceeds 
realized  therefrom  (upon  which,  however,  the  royalty 
prescribed  by  the  regulations  shall  be  paid)  for  the 
remaining  portion  of  the  year  for  which  the  said 
claim  was  granted  to  the  said  (A.  B.);  that  is  to  say, 
until   the  day  18 — 

The  said  (B.  C.)  shall  be  entitled  to  the  use  of  so 
much  of  the  water  naturally  flowing  through  or  past 
his  (or  their)  claim  and  not  already  lawfully  appro- 
priated as  shall  be  necessary  for  the  due  working 
thereof,  and  to  drain  his  claim,   free  of  charge. 

This  grant  does  not  convey  to  the  said  (B.  C.)  any 
right  of  ownership  in  the  soil  covered  by  the  said 
claim,  and  the  said  grant  shall  lapse  and  be  forfeited 
unless  the  claim  is  continuously  and  in  good  faith 
worked  by  the  said  (B.  C.)  or  his  (or  their)  associates. 

The  rights  hereby  granted  are  those  laid  down  in 
the  Yukon  placer-mining  regulations,  and  no  more, 
and  are  subject  to  all  the  provisions  oi  the  said 
regulations,  whether  the  same  are  expressed  herein 
or  not. 


Mining  Recorder. 


REGULATIONS  GOVERNING  THE  ISSUE  OF 
LEASES  TO  DREDGE  FOR  MINERALS  IN  THE 
BEDS  OF  RIVERS  IN  THE  PROVISIONAL  DIS- 
TRICT OF  YUKON,  NORTHWEST  TERRI- 
TORIES. 

(Approved  of  by  order  in  Council  No.  125,  of  the  18th 

of  January,   1898.) 

The  following  regulations  are  adopted  for  the  Issue 
of  leases  to  persons  or  companies  who  have  obtained 
a  free  miner's  certificate  in  accordance  with  the  pro- 
visions of  .the  regulations  governing  placer  mining  in 
the  provisional  district  of  Yukon,  to  dredge  for  min- 
erals other  than  coal  In  the  submerged  beds  or  bars 


I 


"11 


866 


MINING    REGULATIONS. 


<Sf  rivers  in  the  provisional  district  of  Yukon,  in  tlie 
Northwest  Territories: 

1.  The  lessee  shall  be  given  the  exclusive  right  to 
subaqueous  mining  and  dredging  for  all  minerals  with 
the  exception  of  coal  in  and  along  an  unbroken  ex- 
tent of  5  miles  of  a  river  following  its  sinuosities,  to 
be  measured  down  the  middle  thereof,  and  to  be  de- 
scribed by  the  lessee  In  such  manner  as  to  be  easily 
traced  on  the  ground;  and  although  the  lessee  may 
also  obtain  as  many  as  five  other  leases,  each  for 
an  unbroken  extent  of  5  miles  of  a  river,  so  measured 
and  described,  no  more  than  six  such  leases  will  be 
issued  in  favor  of  an  individual  or  company,  so  that 
the  maximum  extent  of  river  in  and  alon^  which  any 
individual  or  company  shall  be  given  the  exclusive 
right  above  mentioned  shall  under  no  circumstances 
exceed  30  miles.  The  lease  shall  provide  for  the  sur- 
vey of  the  leasehold  under  instructions  from  the  sur- 
veyor-general, and  for  the  filing  of  the  returns  of 
survey  in  the  Department  of  the  Interior  within  one 
year  from  the   date  of  the  lease. 

2.  The  lease  shall  be  for  a  term  of  twenty  years,  at 
the  end  of  which  time  all  rights  vested  in,  or  which 
may  be  claimed  by,  the  lessee  under  his  lease  are  to 
cease  and  determine.  The  lease  may  be  renewable, 
however,  from  time  to  time  thereafter  in  the  discre- 
tion of  the  Minister  of  the  Interior. 

3.  The  lessee's  right  of  mining  and  dredging  shall 
be  confined  to  the  submerged  beds  or  bars  in  the 
river  below  low  watermark,  that  boundary  to  be 
fixed  by  its  position  on  the  1st  day  of  August  in  the 
year  of  the  date  of  the  lease. 

4.  The  lease  shall  be  subject  to  the  rights  of  all 
persons  who  have  received  or  who  may  receive  en- 
tries for  claims  under  the  placer-mining  regulations. 

5.  The  lessee  shall  have  at  least  one  dredge  in 
operation  upon  the  five  miles  of  river  leased  to  him, 
within  two  seasons  from  the  date  of  his  lease,  and  If, 
during  one  season  when  operations  can  be  carried  on, 
he  fails  to  efficiently  work  the  same  to  the  satisfac- 
tion of  the  Minister  of  the  Interior,  the  lease  shall 
become  null  and  void  unless  the  Minister  of  the  In- 
terior shall  otherwise  decide;  provided  that  when 
any  company  or  individual'  has  obtained  more  than 
one  lease,  one  dredge  for   each   15  miles   or   portion 


NORTHWEST  TERRITORIKS. 


867 


thereof    shall    be    held    to    be    compliance    with    this 
regulation. 

6.  The  lessee  shall  pay  a  rental  of  $100  per  annum 
for  each  mile  of  river  so  leased  to  him.  The  lessee 
shall  also  pay  to  the  Crown  a  royalty  of  10  per  centum 
on  the  output  in  excess  of  $15,000,  as  shown  by  sworn 
returns  to  be  furnished  monthly  by  the  lessee  to  the 
Gold  Commissioner  during  the  period  that  dredging 
operations  are  being  carried  on;  such  royalty,  if  any, 
to  be  paid  with  each  return. 

7.  The  lessee  who  Is  the  holder  of  more  than  one 
lease  shall  be  entitled  to  the  exemption  as  to  royalty 
provided  for  by  the  next  preceding  regulation  to  the 
extent  of  $15,000  for  each  5  miles  of  river  for  which 
he  is  the  holder  of  a  lease;  but  the  lessee  under  one 
lease  shall  not  be  entitled  to  the  exemption  as  to 
royalty  provided  by  the  next  two  preceding  regula- 
tions, where  the  dredge  or  dredges  used  by  him  have 
been  used  in  dredging  by  another  lessee,  or  in  any 
case  in  respect  of  more  than  30  miles. 

8.  The  lessee  shall  be  permitted  to  cut,  free  of  all 
dues,  on  any  land  belonging  to  the  Crown,  such  tim- 
ber as  may  be  necessary  for  the  purposes  of  his 
lease;  but  such  permission  shall  not  extend  to  timber 
which  may  have  been  heretofore  or  may  hereafter  be 
granted  to  other  persons  or  corporations. 

9.  The  lessee  shall  notf  Interfere  In  any  way  with 
the  general  right  of  the  public  to  use  the  river  in 
which  he  may  be  permitted  to  dredge,  for  navigation 
and  other  purposes;  the  free  navigation  of  the  river 
shall  not  be  impeded  by  the  deposit  of  tailings  in  such 
manner  as  to  form  bars  or  banks  In  the  channel 
thereof,  and  the  current  or  stream  shall  not  be  ob- 
structed in  any  material  degree  by  the  accumulation 
of  such  deposits. 

10.  The  lease  shall  provide  that  any  person  who 
has  received  or  who  may  receive  entry  under  the 
placer  mining  regulations  shall  be  entitled  to  run 
tailings  Into  the  river  at  any  point  thereon,  and  to 
construct  all  works  which  may  be  necessary  for 
properly  operating  and  working  his  claim;  provided 
that  it  shall  not  be  lawful  for  such  person  to  con- 
struct a  wing  dam  within  1,000  feet  from  the  place 
where  any  dredge  is  being  operated,  nor  to  obstruct 


w 


P^^H—HHB^BB 


368 


MINING    REGULATIONS. 


or  interfere  in  any  way   with   the  operation   of  any 
dredge. 

11.  The  lease  shall  reserve  all  roads,  ways,  bridges, 
drains  and  other  public  works,  and  all  improvements 
now  existing,  or  which  may  hereafter  be  made  in, 
upon,  or  under  any  part  of  the  river,  and  the  power 
to  enter  and  construct  the  same,  and  shall  provide 
that  the  lessee  shall  not  damage  nor  obstruct  any 
public  ways,  drains,  bridges,  works,  and  improve- 
nlents  now  or  hereafter  to  be  made  upon,  in,  over, 
through  or  under  the  river;  and  that  he  will  sub- 
stantially bridge  or  cover  and  protect  all  the  cuts, 
flumes,  ditches,  and  sluices,  and  all  pits  and  danger- 
ous places  at  all  points  where  they  may  be  crossed 
by  a  public  highway  or  frequented  path  or  trail,  to 
the  satisfaction  of  the  Minister  of  the  Interior. 

12.  That  the  lessee,  his  executors,  administrators,  or 
assigns,  shall  not,  nor  will,  assign,  transfer,  or  sub- 
let the  demised  premises,  or  any  part  thereof,  with- 
out the  consent  in  writing  of  the  minister  first  had 
and  obtained. 


INDEX  TO  MANUAL.  STATUTES  AND 
REGULATIONS. 


f 


ABANDONMENT  (see  Forfeiture),  47. 
Matter  of  Intent,  47. 

ABSTRACT,    (see    TiUe),    141.    142. 

Statute  of   Limitations,    150,   151. 

ACTS,    SPECIALr- 

June  6,   1874,   Expenditure,    125. 

February   11,   1875,   Expenditure,    128. 

May  5,  1876,  Missouri  and  Kansas,  lt)9. 

June  3,  1878,  Timber  Cutting,  159. 

January    22,     1880. 

Application,   137. 
Expenditure,    125. 

March  3,  1881,  Verdicts,  Adverse  Suits,  152. 

April  26,   1S82. 

Citizenship,    156. 
Verification,   Adverse,    153. 

March  3    1883.  Alabama,   160. 

May   17.   ^S84.   Alaska,  161. 

August  30,    1890,   .i20  acre   restriction.    162. 

March   3,    1891,   320  acre    restriction,   162. 

March  3,    1891   (Section  16)  Townsites,  162. 

August  4,  1892,  Stone,  Placer,   133. 

July    18,    1893,    Suspension    of    requirement    for    annual 
assessment  work  for  1894,   128. 

February   11,   1897,   Entry  of  Petroleum  and  other  min- 
eral oils  under  placer  law,  133. 

ADVERSE    CLAIM,     105. 

Statute,   137,  151,   152,   153. 
Regtilatioas,   153.   154.    155. 
Definition,    105. 
Verification,   105,  151,  153,  156. 


mm 


370 


INDEX   TO   MANUAL,   STATUTES,    ETC. 


ADVERSE  CLAIM— Continued— 
Filing  fee,  106,   166. 
What  must  be  shown  by,   106,   152,  153. 
Plat  qiust  accompany,  154. 
Time   for  filing,    107,    154. 
Effect  of  filing,  152,  155. 
Suit  on,  108,  108,  152.  155. 
Judgment  on,  effect  of,  109,  152. 
What  is  proper  basis  of,  110,  111.  144. 
By  agent,   153. 
Notice  of  filing,   154. 

AFFIDAVITS,   92. 

Statute,    155,    156. 

When  made  by  agent,  67. 

See  Application  for  Patent. 

Posting. 

Publication. 

Forfeiture. 

Placer  (Lodes  in). 

Annual  Labor. 

Adverse. 
Before  whom  taken,  155,  156. 
Outside  of  Land  District.  156. 

AGENT- 

Location  by,  21. 

Application  for  Patent  by,  66,  67,  137. 
Adverse  claim    by,    153. 
Citizenship,,  affidavit  by,  75,   149. 
Deputy  Surveyor  not  to  act  as,  166. 

AGRICULTURAL   CLAIM,    12,    13. 

ALABAMA,    1^60. 

ALASKA— 

Act   providing  ci^il  government,  161. 
See  Part  IV.,  p.  223. 

ALIEN- 

See    Citizenship. 

APEX-DIP,   61 

Statute,   61,    120,    121. 

Definitions,  52,  63,  211,  214. 

Should  be  followed  in  locating,  21,  53. 

••Blanket"  reins,  63. 


r 


INDEX   TO  MANUAL,   STATUTES,    ETC.  871 

APEX-DIP— Ck)ntinued— 

Extralateral  rights,   22,  24.  51. 
Burden  of  Proof,   Extralateral  rights,   64. 
Extralateral  rights,   Agricultural  claim,  55. 
Validity  of  location  dependent  on,  53. 

APPLICATION   FOR  PATENT,   65.  89,    136.    et   seq. 
Regi'latiMis,    138,  141.   142,  143. 
Foni  for,   182. 
MuFc  be  under  oath,  60. 

May   embrace   several   contiguous    claims,   60,    113. 
WLen  made  by  agent,  66,  67,  137. 
Segregates    lund,    67. 
Cancellation  for  abandonment,  80. 
Rejection  of,  67. 
No  time  fixed  for  filing,   68. 
Mill  site,  00  et  seq.,  148. 
Filing  fee,  65,  166. 

APPLICATION    FOR  SURVEY,    60. 
Form  of,   173. 

APPLICATION  TO  PURCHASE,  100,   103. 

AREA. 

Excess  of  in  location,  24. 

320  acre  restriction  not  applied  to  mineral  entries,  163. 

See  Location,  Placer,  Mill  Site. 

ASSESSMENT   WORK- 

See  Annual  Labor,  pp.  14-17. 

ASSIGNMENT  AFTER  ENTRY,   BEFORE  PATENT— 
See  Title. 

BUILDING    STONE— 
Statute,    133. 
Regulation,    133. 

BOND- 

See  Surveyor. 

CHARACTER  OF  LAND,   12,  95,  96. 

Non-Mineral   Mill   Site,   91,    147,    148. 

Hearings   to  determine.   166,    167,    168,   169.    170, 

Testimony,   how  talsen.    I.IO. 

Segregntion  of  Agricultural  Lands.    157,    158,   169.   170. 

Grants   to   States  or   Corporations.    158.    159. 

Townsites  on  Mineral  Lands,  162,   163. 


% 


I 


372 


INDEX    TO   MANUAL,    STATUTES.    ETC. 


I 


CITIZENSHIP,   72. 
Statute.    149. 
Regulations,   149,    15Q. 

Who  may  locate  and  enter,  72,  119,   122,  149. 
Who  are  citizens,  etc..  72.  74. 
Members  of  Association,  73.   149. 
Declaration  after  location,  73. 
Corporations.  74,   75,  76,    149. 
Proof  of.   74,  75,  76.    149,   150,    156. 

CLAIM— 

Length  and  width.   23,    120,    122,    123. 
Lode,   must  be  on  apex  of  vein,  53. 

CONNECTION,    139. 

Lode  and  mill  site,  148. 
See    Publication. 

CO-OWNER,  48,  49,   50. 
Statute,   124. 
Regulation,    129. 

May   relocate  unrepresented  claim,   48. 
Forf3iture  to,  48. 

Fraud  on  part  of  Mie,   relocation,  50. 
Partnership  between,    limited,   50.   51. 
Protest  by,    144. 

CORPORATIONS- 

See   Citizenship. 

CROSS  VEINS,    56,   57. 
Statute,   121. 

DEPUTY  MINERAL  SURVEYOR— 
See  Surveyor. 

DIP  (see  Apex). 

Locations   on.    56. 

Right  to  worli.  no  surface  rights  incident,  65. 

DISCOVERY,    14. 

Definition  by  courts,  16. 

Requirement  by  Federal  law,   17. 

Local  law  or  customs  recognized,   17. 

Time,  21. 

Place.    21. 

On    placers,    113. 

DRAINAGE   (8e«  Eas^mente), 


INDEX   TO  MANUAL,   STATUTES,   ETC. 
EASEMENT,    DRAINAGE.     ETC.,    IHO. 


373 


END   LINES— 

Parallelism,    22,    24,    25. 

Departure  of  lode— what  become,  26. 

ENTRY,   14,    100,    101,    150. 
Statute,    137. 
Regulations,    144. 
Certificate— form  of,  195. 
Annual  labor  not  required  after,  45. 
Lode  and  mill  site,    147,  148. 
Title  conferred    by,    101.    102. 
Cancellation  of,   101,   102. 
In    forest    reserves,    170. 

EXCESS- 

Of  ground  located,    24. 

EXTRALATERAL  RIGHTS  (see  Apex-Dip),  22,  24,  51  et  seq. 
and  120  et  seq. 

Statute,  51,  120,  121. 

Burden  of  proof  on  one  asserting,  54. 

Under  agricultural  claim,  65. 

No  surface  rights  Incident  to,  55. 

Parallelism   of  end  lines  necessary   to.    22,    24,  25. 

EXPENDITURE  (for  patent),  84. 

.     $500  on  each  claim  of  group,  85. 
What  considered,  85,   87,  88. 
By  adverse  claimant,  87. 
Proof   of    (legal  subdivision   placer),    113. 
Certificate  of,  84,  137,  138,  143. 

FEE— 

Filing,  application  for  patent,  65,  166. 

Filing,   adverse   claim,   65,    166.  . 

FEES  AND  CHARGES— 
Statute,    164. 

Sworn  statement,   144    164. 
Charge  allowed  publisher,  164,  165,  166. 

FINAL   PROOFS,   06. 

Continuous  Posting  on  Claim,  97.  186. 
Sums  paid  by  applicant,  99,   187. 
Posting 'In  land  ofllce,  101,  192. 
Publication,    100,   184. 


I 


374 


INDEX    TO   MANUAL,    STATUTES,    ETC. 


FORFEITtTRE.   43.    45. 

Relocation   necessary  to,   43,  45. 

Bimlen  of  proof  on  alleging,  45. 

To  co-oJ^•ne^,  48,  49,  50  (see  Co-owner). 

FOREST    RESERVES— 
See    Reservations. 

FORMS,    173. 

Applicatfon    for   survey,    173. 
Location  certificate— lode,    174. 
Amended  location  certificate— lode,  175. 
Location  certificate— placer,    177. 
Location  certificate— mill  site,   177. 

Location    certificate tunnel   claim,    178. 

Notice  of  forfeiture  to  oo-o\vner.  179. 

Affidavit   failure  to  contribute.   179. 

Affidavit  annual  nssesament   work,   180. 

Power  of  attorney  to  apply  for  patent.   181. 

Proof  of  posting  notice  and  plat  on  claim,  181. 

Application  for  patent,  182. 

Receiver's  receipt— application,   183. 

Agreement  of  publisher.    184. 

Affidavit  of  publisher,  184. 

Published   notice  of    application,    185. 

Notice  application— posted  on  claim.   186. 

Proof  continuous  posting  on  claim,   186. 

Affidavit   of  Citizenship— native,    186. 

Affidavit  of  Citizenship— naturalized,  187. 

Sworn   statement  fees  and  charges,    187. 

Proof  no  known  veins- placer,   188. 

Proof  non-mineral  character— mill  site.  189. 

Adverse  claim.    189. 

Receiver's   receipt— adverse  claim.    191. 

Register's  certificate   posting  in  office.   192. 

Application    to   purchase.    193. 

Certificate  no  suit  pending,   193. 

Certificate   no   suit   brought,    194. 

Receiver's   receipt— entry.   195. 

Register's  final  certificate  of  entry,  195. 

Patent  for  lode  claim.   196. 

Patent  for  placer,  including  lode.  198. 

Patent  for  placer,  mineral  survey,    201. 

Patent  for  placer,  legal  subdivisions,   203. 

Patent  for  mill  site,  203. 


INDEX   TO  MANUAL.   STATUTES,    ETC.  8W 

FORMS— Continued- 
Coal  patent,   205. 

Aflldavit   loss— duplicate   receipt.   206. 
Mining  quit-claim   deed.  207. 
Proof  Possession— lost   records.   208. 
Grubstake  contract,    209. 
Power  attorney  to  convey.  210. 

GLOSSARY  OF  MINING  TERMS.   211. 

GRANTS— 

Private  lands,   7. 
To  States,  9,   167,  168. 
To   railroads,    11,    167,    168. 

To  States  and  corporations  do  not  pass  IDTneral  lands, 
168,    159. 

HEARING,    93.   94,    95.    156. 

Notice  of  publication.   165. 

As  to  character  of  land,  166.  167.  168.  169.  170. 

IMPROVEMENTS— 

See  Expenditure  and  Labor. 

JUDGMENT— 

See  Adverse. 

KANSAS.    159. 

KNOWN  LODES— 

See  Lode— Placer. 

LABOR-ANNUAL,    14.    88    et    seq. 
Statute,  38,  124,  125,  128. 
Regulations,    127.    128,   129.    138. 
Local  laws  or  customs.   17,   42.  45. 
Outside  of  claim,  on  one  of  group.  39. 
Failure   to   do,    effect   of,    43. 
Resumption,   before  relocation.   44.   138. 
Failure  to  do,  duress,  44.  ' 

Not  required  after  entry.  45.   128. 
Entire  calendar  year  allowed   for,  43.   47. 
On   placers,    113. 
In  tunnel.    128. 
Not  required  for,  1894,  128. 


LAND    DISTRICTS— 

Establishment  of,   158. 


dte 


INDEX    TO   MANUAL,    STATUTES,    fiTO. 


LIMITATIONS- 

See   Statute   of. 

LOCAL    REGULATIONS— 

See  Mining   Districts,  LocatioQ. 

LOCATION,    14,    119,    et   seq. 

Rights  conferred  by,   15,    120,  et  srq. 

Local  law  or  customs  recognized,   17. 

Lode,    20. 

Placer,    32. 

Who  may  make,  21. 

Laid    along    vein,    21. 

Length  and   Width,    23. 

Of   too  much   ground.    24. 

Across    the    vein,    25. 

Posting    notice    of,    27. 

Marlting  on  ground,    13,  28,  34. 

Record  of,   29,    124.    126.   127. 

Recorded  notice— what  shown,   30. 

In    forest   reserves,    7,   170. 

Forms,  174,    175.  176,   177,  178. 

LODE-VKIN    (see    Cross- Vein). 

Location,  20.  21,   120,   et  seq. 
Dennitions  of,  16.  23,  24. 
Departure  from  assumed  course,   26. 
Union  of,  on  dip,  68. 
In    placer— statute,    145. 
"Blanket^'   or    "Contact,"    53. 
Right  to,  depends  on  Apex   (see  Apear). 
Continuity   on   dip,    how    shown,    64. 
See    Location.    Apex. 

MARKING— 

Of   lode  location,  28. 
Of   placer  location,    34. 

MICHIGAN,    158. 

MILITARY   RESERVATIONS— 
See    Reservations. 

MILL    SITE,    37. 
Statute,  147. 
Regulations,    147,    148. 
Liocation  of,  37. 
Location    notice— form,    177. 


INDEX   TO  MANUAL.   STATUTES,    ETC.  37t 

MILL  SITE— r.Mitluued— 

Purchase   price,    147. 
Use  and  occupancy,  91,  92. 
Non-mineral   character,   01,   147,    148. 
Connection    (survey),    148. 

MINERALS— 

Distribution,  3. 
What  are,  33. 

MINING    DISTRICTS,    18. 
Statute,    124. 
Effect    of   rules,    17,    18. 
Organization,  20. 
Rules  as  to  assessment,  17,  i2,  45. 

MINNESOTA,    158. 

MINOR.    72. 

MISSOURI,     159. 

NATIONAL    PARKS— 

See   Reservations.  * 

NAVIGABLE  STREAMS— 
See   Streams. 

NOTICE— 

See    Adverse.    Posting,    Publieation    and    Hearing.    Lo- 
cation,   Forfeiture. 

OATHS— 

See.   Affidavits. 

OCCUPANCY  AND  USE— 
See    Mill    Site. 

OILr- 

See   Petroleum. 

OKLAHOMA,    6. 

PARAGRAPHS   OF    MINING    REGULATIONS,    120  to  1G7. 

PATENT,    103. 

Procedure    to   obtain,   59,    145,   136   et   seq. 

Assignment  by  entryman  before  patent.   102. 

Legal    effect    of,    103. 

Formality  of    issuance,    103. 

Relation  to  inception  of  clnim,   103,    104. 

Conclusive  of  what,   104. 


378 


INDEX    TO   MAXT  AL,    STATUTES,    ETC. 


PATKNT-Contiuued- 
Attacks  on,    104. 
Reservation    in,    104,    157.    163. 
Forms   of. 

'  Lodt  oluim,    106. 

riuccr   including  lode,   108. 

Placer   by   mineral    survey,   201. 

Placer  by  legal  subdivision,  203. 

Mill   site.    203. 

Coal  lands,  205. 
For  Placer,    112. 

Procedure  to  obtain,  112. 

Known  lodea  not  passed,  114,  115,   116,   117,  145. 

PETROLEUM- 

Statute,   133. 
Regulations,    134. 

PLACER— 

Definition,  32,  33.  > 

'statute,    132,    133,    134.    145. 
Regulations,  134,  13t',  130,  145.  146,  147. 
Location,    32. 
Marldng    locat'on,    34. 
Minerals   so  classified,    33. 
Legal   subdivisions,    description.    34,    145. 
Proof  expenditure,    113. 
Expenditure  on,    113. 
Area   locatable,    113,   135,    136. 
Discovery   on,    113,    133. 
Purchase  Price,  114. 

Known  lodes  within.   114.   115,    116,    117.    145.   146. 
Building  stone,  133. 
Petroleum,    133. 
Report   by  deputy  surveyor,   146,   147. 

PLATS- 

Mineral,  63,  138.   130,   140,   143. 
Township,  35,   33,  140. 

POSSESSION— 

Proof  of,    see    Application  for   Patent;   see  Title. 

POSTING- 

Regulations,   140,  141.   143.  144. 
Location  notice.  27. 


INDEX    TO  MANUAL.    STATUTES,    ETC. 


379 


POSTING— CoiitiniuMl— 

Notice   applitatlon,   64,   65,    IM.    181. 

In   land  office.   83.    137.    142.   192. 

Continuous  on  Claim,  07,  137.  186. 
PRIVATK   LAND   GRANTS- 

See    Grants. 

PROOFS,    Final.    In    suppprt    of    entr:',    06. 
See   Final   Proofs. 

PROTEST,    93,    144. 
Statute,    137. 
•      Regulations,    144. 

PUBLICATION— 

Notice  of  Application,  77. 

Statute,   137. 

Regulations,   142,   143,    144. 

Form  for,    185. 

Essential  features,  79. 

In  what  paper,  78,   137,  142,  143. 

Must  be  by  Register,   78,   137. 

Proof   of,    100,    143. 

Publlslier'3  affidavit,  form,  184. 

Expense   of,   83,    164. 

Charges   for,   164,    165. 

Publisher's  agreement,  83,  142. 

Publisher's  agreement,  form,  184. 

Time  of,   how  computed,   82. 
Notice   of  forfeiture— co-owner,    48,   124, 
Notice  of  hearing  by,  156,   165. 

PURCHASE    (see    Entry,    14,    100,    101,    150). 
lode   claims,    137,    144. 
placer  claims,    145,    146. 
mill   sites,    147,    148. 


; 


129. 


Price, 
Price, 
Price, 

i.ivILROAD— 

See  Grant. 

RECORD— 

Of    location,    20.    124,    126,    127. 
What  shown  by,  30,  124,   126. 

RELOCATION,   46. 
Statute,    124. 
Regulations,    127,    128. 
May  be  by  original  claimant,  46. 
Of   unrepresented  claim,    when   made,   47. 


880 


INDEX    TO  MANUAL,    STATUTES.    ETC. 


RESERVATIONS.    5. 

National  Parks.  6. 

Locatior.8   in   forest  reserves,   7,    170, 

ftUli+P/jr,   7. 

Forest  reserves,  6. 

Reservoir  sites.   163. 

Status  of  reserved  lands.  8. 

Of  mineral  lands  from  sale,  119. 

Of  mineral  lands  from  grants,  158.  159. 

In  patents,  157,  163. 

RESERVOIR  SITES.   163. 
Return,  10. 
As  to  cliaracter  of  land,  see  Survey. 

RESUMPTION  OP  WORK- 

Before    relocation,    prevents  forfeiture,   44. 
Must  be   in  good  faith,   46. 

RIPARIAN    RIGHTS,    9. 

SCHOOL    LANDS— 
See  Grants. 

SEGREGATION— 

See  Application  for  Patent. 
Survey. 
Character  of   land. 

STATES  EXCEPTED  FROM  MINERAL  LAW,  1,  6.   158.  159. 
160. 

STATUTES- 

2318— Reservation   mineral   lands.   119. 

2319— Mineral  lands  open  to  exploration,   etc.,  119. 

2320— Mining  claims,    extent,   etc.,   120. 

2321— Citizenship.    149. 

2322— Surface  ground-dip,    120,    121. 

2323— Tunnels,    129. 

2324— Mining  districts,   expenditure,   etc.,    124. 

2325— Procedure  to  obtain  patent,    136. 

2326— Adverse  Claims.  161. 

2327— Description  of  claims,   125. 

2328— Applications  prior  to  May  10,  1872.  138. 

2329-Placer8,  132. 

2330— Placers,   area  locatable,  132. 

2331— Placers,  area  locatable,  132. 

2332— Statute  of    Limitations— Title  by.    150. 

2333— Placers— lodes  in,  14B. 


INDEX   TO   MANUAL.   STATUTES,   ETC. 


381 


STATUTES— Continued— 

2334— Deputy  surveyors— charges,  publication,  etc.,  164. 

2335— Affidavits.    155. 

2336— Cross  veins,   etc..   121. 

2337— Mill  sites,   147. 

2338— Easements— drainage,    166. 

233&- Water  rights,  etc..   156. 

2340-Water  rights,  cfc.   157. 

2341— Homesteads  oii  Itiid  withdrawn  as  mineral,  157. 

2342— Segregation  agri  cultural  lands.    157. 

2343— Additional  land  districts,  etc..   158. 

2344— Sutro  tunnel,  158. 

2345— States   excepted   from   mineral  laws.   158. 

2346— Grants   mineral  lands  reserved  from.   158. 

STATUTE    OP  LIMITATIONS.    150,   151. 
See    Title. 

STONE- 

In   Forest   Reserves,    171. 
Building   Stone,    133. 

STREAMS.    NAVIGABLE,    9. 

SUIT- 

On  adverse,  108,  109.  152.  155. 
Termination  of.   how  shown,  155. 
Certi^cate  non-pendency,    151,    155. 

SURFACE   GROUND- 
Statute.   120,  121. 
Regulations.    122. 

Not  incident  to  extralatoral  rights.  120.  121. 
Mining  claim  in  townsite,   163. 

SURVEY,  50.   136. 
Statute.    136. 

Regulations.    138,    130.    140. 
Applicatioq.  for.    60. 
Form   of   Application    for,    173. 
Deposit   for.    60,    62,    165. 
Contract  with  deputy,  60,   165. 
Plats    of,    63.    1.38. 
Mill    Bite,    148. 
E^L><-t■Bes,     164. 
Charges   for,    164. 

To  segi-egate  mineral  lands,  1C9,  170. 
Return  as   to  character  of   land,    IQ. 


!    n 


!        i 


382  INDEX   TO   MANUAL,    STATUTES,    ETC. 

SURVEYOR,    DEPUTY    MINERAL,    60,    165,    166. 
Statute.   164. 

Regulations,    164,    165,    166. 
Appointment  of,  61,   164,   165. 
Suspension   or   revocation,   61. 
Bond,  61,   165. 

Need .  not  reside  in  district,  61. 
Oatbs   of,    165. 

SUTRO  TUNNEL,   158. 

TEXAS,    1. 

TIDE   LANDS,  9. 

TIMBER,    171. 

On   mill  site   (use   of),   02. 
Use    by    miners,    150,    160.    170. 
Reserves,    6,    170. 

TITLE— 

Possessory,  by  location,   14,   15,  50. 

Equitable,  by  entry,   101,  102. 

Legal,   by  patent,   59,    103. 

Vroof   of,    68,    141,    142. 

Proof   under   statute   limitations,    71,    150,    151. 

Abstract,   70. 

Not  traced  beyond  entry,    69. 

See  Location,  Entry,  Patent. 

TOWNSITE— 

Known  mines  in,   117,   163. 
Entries  on  mineral  lands,  162,  1C3. 

TRUSTEE— 

Entry   by,   144. 

TUNNELS— 

Statute,  129. 
Regulations,    130.    131. 
Annual  labor  in,   128. 
See  Adverse,   111. 

UNION  OF    LODES  ON   DIP.  58.    121. 

USE    AND    OCCUPANCY— 
See  Mill  Site. 

VEIN,    see   Lode. 

WATER  RIGHTS.   156,   157, 

WISCONSIN,  ld8. 


TABLE  OF  CASES. 


Ah   Tong,   TIbbltts   v 73 

Aiken    v.    Perry 14 

Alabama    Qtz.    Mine 80 

Aldritt  V.  N.  P.  R.   R.  Co 34 

Alice   Edith   Lode    42 

Alice    Placer    45,  109 

Allen    V.    Dunlap 27,  30 

Alps  Cons.  M.  Co.,  McGowan  v 102 

Alsa    R.    Lode 80 

Alta    Mill    Site 89 

Alta  M.  &  Sm.  Co.  v.  Benson  M.  &.  Sm.  Co 45 

Alta  M.   &  Sm.  Co.,  Benson  M.  &  Sm.   Co.   v 45,  101,  104 

Amador-Medean  G.  M.  Co.  v.  South  Spring  Hill  G.  M.  Co. . .  55 

Amador  and  Sacramento  Canal  Co.,   Anderson  v 95,  111 

American  Flag  G.    M.  Co.,   Clarlt   v 45 

American    Hill   Quartz  Mine 45 

American  Montana  Co.  v.   Hopper 102 

Amy  &  Silversmith  Cons.   M.  Co.,  King  v 26 

Anderson   y.    Amador  &   Sacramento  Canal  Go 95,  111 

Anderson    v.    Black 32 

Antediluvian   Lode  v.   Central   City 117 

Anthony  v.   Jillson 30,  34,  73 

Argentine  M.  Co.  v.  Terrible  M.  Co 25 

Argentine  M.   Co..  Terrible  M.  Co.   v 24 

Argentine  M.   Co.,   Van  Zandt  v 55 

Arizona    Copper   Co.,    Jantzen   v 72 

Armstrong,    Higgins   v 51 

Arnold,    W.     A 78 

Ashley's  Heirs,   Barnard's  Heirs  v 101 

Aspen  M.  &  Sm.  Co.,  Billings  v 73 

Aspen   M.   &  Sm.   Co.,  Wood   v 73 

Atkins  V.   Hendree 24,  43 

Attenborough,    Willinms    v 51 

Aubrey    v.    Clapp 72 

Aurora  HIU  Cons.  M.  Co.  v.  85  M.  Co 14,  45,  IQl 

983 


884 


TABLE    OP    CASES    CITED. 


Aurora  Hill  M.   Co, ,  Tungermau  v 87 

Aurora  Lode  v.  Bulger  Hill  &  Nugget  Gulch  Placer 116 

Avery,    Pratt    v 98 

Ayers    v.    Daly 66 


Bacigalupi,    Carter   v 30 

Bagnell    v.    Broderick '. 104 

Bailey,  John  W.  (and  Grand  View  M.  &  Sm.  Co.) C5,  98 

Bailey   v.    Olson 95 

Balsley,    Bishop   v ^. 41 

Baldwin,     McCormick     v 46 

Barden  v.   N.   P.   R.    E.  Co 11 

Baker,    Aaron    P 35 

Barker,   J.   N 19 

Barnard,     Faxon    v 32 

Barnard's   Heirs   v.    Ashley's    Heirs 101 

Baudit,    Remington    t 40,  88 

Baxter  Mtn.   G.  M.   Co.   v.  Patterson 31 

Bechtel  Cons.   M.  Co.,   Bodie  T.  &  M.  Co.  v 94,  108 

Becker   v.    Pugh 28,  109 

Bed  Rock  T.  &  M.  Co.,  Bell  v 47 

Beecher,    Hoffman    t 106 

Belcher  Cons.  G.  M.  Co.  v.  DefTerrari 44,  40 

Belk  V.   Meagher 9,  16,  43,  44,  47 

Bell  V.   Bed  Rock  T.   &  M.  Co '. 47 

Bell    V.    Hearne 102 

BelTOir  M.  &  M.  Co.,  Ferguson  y 45 

Benson  M.  &  Sm.  Co.  v.  Alta  M.  &  Sm.  Co 45,  101,  104 

Benson  M.  &  Sm.  Co.,  Alta  M.  &  Sm.  Co.  t... 45 

Blcknell    v.    Comstock 103 

Bigelow  V.   Chatterton 101 

Billingo  T.  Aspen  M.  &  Sm.  Co 73 

Bird,    Cleghorn   v 89 

Bishop  T.    Balsley 41 

Bissell  V.   Fobs 51 

Black,  Anderson  v 32 

Black  V.    Elkhorn    M.    Co 69.  Ill 

Blain,    Wills   v 47 

Boaro,    Erhardt   v 17.  21,  27,  28,  38,  44 

Bodie   Cons.   M.'  Co.,   Jupiter  M.    Co.    v 

1 .    17,  21,  24,  29,  30,  40,  44,  54,  85 

Bodie  T.  &  M.  Co.  v.  Bechtel  Cons.  M.  Co 94,  108 

Boehmer,  Max   1 46 

po|;art  v.    Daniel? ,.,.,..,.,.., , ,  7JJ 


T 


TABLE   OP    CASES   CITED. 


385 


Bogrart,    Samuel    J 9B 

Bohanon    v.    Howe 73 

Bonesell   v.    McNider 82,  107 

Book  V.    JoBtice  M.  Co 27 

Boucher,    Duryea   v 35 

Boy^,   Qnlmby  y 3D,  42 

Brady,    John 74 

Branagan  v.   Dulaney 57,  58,  108.  110 

Branson,    Wlrth   '^ 101 

Bretell  v.   Swift 78 

Bright  V.  Elkhorn  M.  Co 65,  97 

Broder  v.  Natoma  Water  &  M.  Co 19 

Broderick,    Bagnell   v 104 

Brown  S.   P.   R.   R.  Co.  v 77 

Brandy   v.    Mayfield BO,  110 

Bryan   v.    McCaig 21,  41 

Bryan,   McCaig  v 27 

Bryden,    McClintoek   v 13 

Buena  Vista  Lode 80 

Buffalo  G.   &  S.  M.   Co..  Petit  v 107 

Bulger  Hill  &  Nugget  Gulch  Placer,  Aurora  Lode  v 110 

Bullion  Beck  &  Champion  M.  Co.  v.  Eureka  Hill  M.  Co K5 

Bullion  M.  Co.,  420  M.  Co.  v BO,  04 

Burke  v.   McDonald 16,  21.  24.  27 

Burns,    Frank    9 

Burt,    Duryea    v 51 

Butcher,  Hauswirth  y 24 

Byington,    McGarrity   v 80 

Byrne  v.  Slauson 99 


Cable  Cons.  G.  &  S.   M,  Co.,  Golden  Fleece  G.  &  8.   M. 

Co.    V 30,  73 

California  Oil  Co.,  Gird  v 37,  85 

Callison,   Mt.  Diablo  M.  &  M.  Co.  t 31,  39 

Cameron  Lode.  Erie  Lode  r 78 

Cameron   t.    McDougaJ 96 

Campbell,  Iron  S.  M.  Co.  v 116 

Campbell,    O'Reilly   v 38,  72 

Campbell,   Waters   v 74 

Cannca,    Chas.    W 83 

Capricorn    Placer  .^ 75,  70 

Caribou  Lode   13 

Carroll   v.    Safford 101 

Carson  City  Q.  &  S.  M.  Co.  v.  North  Star  M.  Co 22 


I 


886  TABLE    OF    CASES    CITED. 

Carter    v.    Bacigalupi 80 

Catron    v.    Lewlsobn 108 

Central  City,  Antediluvian  Lode  v 117 

C.   P.   R.   R.   Co 13 

C.   P.    B.   R.   Co.  V.    Valentine 11 

Central  Sm.  Co.,  Kahn  v 61 

Chambers   v.    Harrington 10,  39,  8tf,  113 

Cliambera,   Harrington  v 17 

Champion    M.    Co 66 

Champion  M.   Co.,    Cong.   Wyoming  M.   Co.   v 64 

Chapman   ▼.    Toy   Long 16 

Charles   v.    Eshleman 61 

Chattertoii,    Bigelow  v 101 

Cbeesman    v.    Hart 66 

Cheesman,  Iron  S.   M.  Co.  v 17,  22,  24,  64 

Chesman    v.    Shreeve 64 

Chicago  Quartz  Mining  Co.  v.  Oliver i 14 

Childs,    Walter    C 80 

Cbollar  Potosl  M.  Co.  v.  Julia  G.  &  S.  M.  Co Ill 

Chrislnger,   R.    M 102 

Chumasero,    Russell    v 31 

Chung  Choy    74 

Clapp,    Aubrey    v 72 

Clarlc  7.  American  Flag  G.  M.  Co 45 

Clarlf    v.    Duval 13 

Clarlc,   Fitzgerald  v 54 

Clark,   Kirk  v 30 

Clark,  Montana  Co.  T 55 

Clark,   Silver  Bow  M.  &  M.   Co.   v 15 

Clark,   Stimson  v 102 

Clark  V.    Taylor.. 87 

Clary    v,    Hazlitt 115 

Clegborn   v.    Bird 80 

Clipper    M.    Co 110 

Coleman   v.  Curtis 44 

Coleman,  E.   D , 41 

Colorado  Central  Cons.   M.   Co.  v.  Turck 65 

Colorado  Land  &  M.  Co.,  Croesus  M.  Co.  v 78 

Comstock,   Bicknell  v 108 

Condon   v.    Mammoth   M.   Co 78 

Conlan,  Quinby  v 1* 

Consolidated  Republican  Mtn.   M.  Co.  v.  Lebanon  M.  Co. . . .  38 

Consolidated  Republican  Mtn.  M.  Co.,  Lebanon  M.  Co.  v.  16,  68 

Consolidated  Wyoming  Q,   M.   C9..   Champion  M,   Co,   v....  94 


TABLE   OF    CASES    CITED.  88T 

ConBtans,    Shafer  t Ill 

Copper  Bell  M.  Co.,  Shreve  v 17 

Copper  Prince  Lode,  Warren   Mill  Site  v 04,  111 

Corcoran,  Overman  S.    M.   Co.    v 21 

Cornelius    v.    Kesscl 101 

Cornell   Lode    98 

Cowan,    Shepley    v 14,  104 

Craig  V.   Tliompson 41 

Crawford.    J.    M 41 

Crawford,  Sierra  Grande  M.  Co.  v 02 

Crawshaw   v.    Maule '. CI 

Creary,    Dougherty    v 51 

Croesus  M.  Co.  y.  Colorado  Land  &  M.  Co 73 

Crow,    Waring    v 47 

Cunningbam,    Francis     72 

Curtis,   Coleman  v 44 

Cyprus    Mill   Site » 88 

Dabl  T.   Raunheim 101,  116 

Daly,    Ayers    t 66 

Danberg,  Union  M.  &  M.  Co.  v 101 

Daney  G.  &  S.  M.  Co.,  Heydenfeldt  v 104 

Daniels,    Bogart  t 72 

Davenport,    Risdon   v 102 

Davis'   Adm'r  v.   Welbbold 12,  104 

Dean  Richmond  Lode 78 

Deffeback    v.    Hawke 12,  101,  104 

Defferrarl,  Belcher  Cons.  G.  M.  Co.  v 44,  48 

De  Garcia  v.  Eaton , 108 

De   Long   y.    Hine 64 

Deno   V.   Griffin 45,  101 

Derry    v.     Ross 46,  48 

De   Witt,   Warnock   v 20,  46 

De   Witt,    Wm 66 

Dickert  &  Myers  Sulphur  Co.,  Utah  M.  &  Mfg.  Co.  v 44 

Dickey,    A.    R 72 

Dickinson    v.    Valpy. 51 

Dixon,    Merrill   v 17 

Dodge,    George   S 28 

Dodge,    Perego   v 109 

Doe    v.    Sanger 24 

Doe    v.    Tyler 32 

Doe    V.    Waterloo   M.    Co 25,  27,  20,  54,  74,  100 

Doe,  Waterloo  M.  Co.  v 21,  100 


if 


388 


TAHLE    OB'    CASKS    CITED. 


Doherty    v,    Morris 41,  BO,  Hi 

Donelly,    McGreRor   v 31 

Donnellan,    GwllHm    v 9,  10,  107,  109 

Dougherty    v.    Creary Bl 

Dnimmond    t.    Long 31 

Dubois.    Wight    V 107 

Dulaney,   Branagan   v 57,  58,  108,  110 

Duncan,   Witherspoon  v 101 

Dunlap,    AUeu   v   27,  30 

Dunlap  V.  Pattison 21 

Dunphy,    Elijah    M 62 

Du  Prat   V.   James 41,  44,  85 

Duryea   v.    Boucher 85 

Duryea    t.    Burt Bl 

Duval,  Clarli  v 13 


Eaton,    De   Garcia   v.. 108 

Eaton  V.  St.  Louis  M.  &  Su    Oo 74 

Eclipse    Mill   Site 00,  02 

Edwards,    King    v 30.  43 

Edwards,    Spratt   y 96 

Egbert,    McGinnis    v 21,  44 

85  M.   Co.,  Aurora  Hill  Cons.   M.  Co.  v 14,  45,  101 

Electro-Mngnetic  M.  &  Devt.  Co.  v.   Vanaulten 21 

Elgin  M.  Co.,  Iron  S.  V.  Go.  v 22,  25.  45.  54 

Elkhorn    M.    Co.,    Bln.^k    r 69.  11 1 

Elkhom   M.   Co..   Bricrht   v.. 65,07 

EUing.    Thomas    t 49,  50,  70,  110 

Ellis,   Parsons   v 81,  95 

Emblen,   Reeyes  y 95 

Emily   Lode 42 

Emma  &  Last  Chance  Cons.  M.  Co.,  Stemwinder  M.  Co.  y..  24 

Emperor  Wllhelm  Lode 70 

Empy,    T.    M 24,  95 

Engineer  Lode   65,  98 

English  y.   Johnson 21 

Ennis,   Murle£  y .• 21 

Enterprise  M.  Co.  y.  Rico- Aspen  Cons.  M.  Co Ill 

Equator  M.  &  Sm.  Co.,   Harris  v ;. 58 

Erhardt   y.    Boaro 17,  21.  27,  28,  38,  44 

Erie    Lode  y.    Cameron    Lode 78 

Eshleman,    Charles   v 61 

Esmeralda  M.  Co.,  Great  Eastern  M.  Co.  v..... 67,  108 

ptllng    y.    Potter , 21 


TABLE   OF    CASieS   CITED.  389 

Eureka   Cons.   M.    Co,    v.    Richmond    M.   Co.    (Kunka  Cn»f) 

17.  2«.  104 

Eureka  (lulrh   M.   Co.,   Hunt  v 1<)7 

Eureka  Ulll  M.  Co.,  Bullion  Beck  &  Champion  M.  Co.  v 5r. 

Eureka  M.   Co.,   Jenny  Llnd   M.   Co.  v 108 

Europa   M.   Co.,   Southern  Cross  G.   &  S.   M.  Co  v 30 

Ewlng,   Smith  v 102 

Fain,   J.   0 20 

Felrbanks  v.   Woodhouse 48 

lii'axon  V.    Barnard 32 

Fereday    v.    Wlghtwiok 81 

Ferguson  v.  Belvoir  M.  &  M.  Co 46 

Ferguson  v.    Hanson 64,  85,  86,  98 

Ferguson,  Hooper  v *. . .  67,  89 

Ferguson,  Powell  v Ill 

Ferry,  Aiken  v 14 

Fine,  Wilson  v 102 

Flnley,  Philadelphia  M.   Co.  v , 106 

Fisher,    Seymour   v 109 

Fitzgerald  v.  Clark 64 

Fitzgerald,   Leadville   M.    Co.   v 54 

Flagstaff  S.   M.    Co.   v.   Tarbett 21,  24,  26,  53,  56 

Flavin  V.    Mattingly 31 

Fletcher,    Hansen    y 24 

Fletcher,    Mills    v 44 

Florida  Ry.  &  Navigation  Co.  v.  Miller . .  95 

Flower,   Fremont  v 8 

Floyd  v.   Montgomery 84 

Foote,    George   B 62 

Forbes  v.    Gracey 16,  18 

Forest  &  Louis  G.  Lodes 67,  70 

Fort  Maginnis  Case 8-38 

Foss,   Blssell  V 61 

420  M.  Co.  V.  Bullion  M.  Co 50,  94 

Fox,    Moylan   C 07.  90 

Frary   v.    Frary ...  90 

Freezer  y.    Sweeney 30 

Fremont  y.  Flower. . , 8 

French   Lode 80 

Frisbie,   Marquez  v 102 

Fuller  y.  Harris 30 

Gabathuler,  Jno.  U 88 


mm 


800  TABLE    OP    CASES    CITED. 

Gaby   v.    Thompson 72 

Gamer  v.    Glenn 30,  31 

Garfield  M.  &  M.  Oo.  v.  Hammer 31 

Garfield   M.  &  •  M.   Co..   FTammer  v 9,  46,  76,  109 

Gebhart,   Roberts  v 102 

Gerhauser,    Uosina    T 112 

Geyser  Quicksilver  M.  Co.,  Stone  v 48 

Gibson,   Andrew   J 90 

Gilbert,    Hughes   v 65,  98 

Gill,   Stevens   v 53,  54 

Gilpin  V.   Sierra  Nevada   Cons.    M.   Co 54 

Gird    V.    California    Oil    Co 37,  85 

Gisborn,    Houtz    v 109 

Glacier  Mtn.   S.   M.  Co.   v.  Willis 19 

Gleeson  v.  Martin  White  M.  Co 21,  28,  .32 

Glenn,    Gamer  v 30,  31 

Glenn,  O'Donnell  v 27 

Gold    Dirt    Lode 70 

Golden  Fleece  G.  &  S.  M.  Co.  v.  Cable  Cons.  G.  &  S.  M. 

Co 30.  73 

Golden  Terra  M.  Co.  v.   Smith  (Mahler) 17,  21 

Gold  Hill  Quartz   M.  Co.   v.   Ish 15 

Gold  Lead  G.    &   S.    M.    Co..    Steel  v 110 

Gold  Springs  &  Denver  City  Mill  Site 38,  91,  92 

Gonu    V.    Russell 44 

Good    Return   M.   Co 66 

Gore   V.    McBrayer 21 

Gorlinski,   Robert    62 

Gowdy  V.   Kismet  G.    M.   Co..*. 64,  77,  81,  94,  98 

Grabowskie,    Arthur    92 

Giacey,   Forbes   v 10,  18 

Graham,    Rockwell   v Ill 

Grampian   Lode 49,  70.  110 

Granite  Mtn.   M.  Co..  West  Granite  Mtn.   M.  Co.  v 32 

Gray  v.   Whltehouse 96 

Great  Eastern  M.   Co.  v.  Esmeralda  M.  Co 67,  108 

Great    Western   Lode 83,  97 

Gregory   v.    Pershbaker 27,  33    ;i4 

Griffin,    Deno   v - 45.  101 

Griffin.   S.   P.    R.   R.    Co.   v 34,  37 

Gropper   v.    King 17 

Ground  Hog  Lode  v.  Parole  and  Morning  Star  Lodes  70.  82,  107 

Grubstake  and  Honiestcai!  Lg'J»^8 . .    70 

Gulcli  and  Lake  View  Lodes 78 


^ 


TABLE   OF    CASES   CITED.  391 

Gunnison  Crystal   M.  Co AT 

GwllUni    V.    Donnollan 9-I6,  107,  UM) 

Haggln.    J.    B 01 

Hagland,    Gustavus    88 

Hale,   Hall  v 43 

Hale,  Lamar  v 51 

Hall  V.   Hale 43 

Hall    V.    Kearney 40 

Hall  V.  Street , «7 

Haltenhoff,   Whitman   v 94 

HalTorson,   Heitkamp  v 05 

Hamilton  v.  Southern  Nevcda  G.  &  S.  M.  Co 101,  102 

Hammer  v.  GarUeld  M.  &  M.  Co 9,  46,  76,  109 

Hammer,    Garfield    M.    &  M.    Co.   v 31 

Hansen  v.  Fletcher 24 

Hanson,   Ferguson   v 64,  85,  86,  08 

Hanson,   Young  v 102 

Hargrove    v.    Robertson 87 

Harliness   v.    Underbill 102 

Harney  Peak  T.   M.,  M.  &  M,  Co.,   Marshall  v 48 

Harrington  v.    Chambers 17 

Harrington,    Chambers  v 19,  39,  86,  113 

Harris  v.   Equator  M.   &  Sm.   Co 58 

Harris,  Fuller  v 30 

Htnls   V.    Lloyd 51 

Harrison,    F.    P * 45,  60 

Harsh,   Albert  F 87.  110 

Hart,  Cheesman  v 60 

Htiitman    v.    Smith 92 

Harvey  v.  Ryan . .    30 

Hauswirth   v.    Butcher 24 

Hawbllts,  analley  v 95 

Hawke,    Deflfeback    v 12,  10!,  104 

Hawley  Cons.  M.  Co.  v.  Memoon  Mining  Co 100 

Haws   V.   Victoria   Copper   Co 80 

Hazlitt,  Clary  ▼ ...116 

Hearne,    Bell    v 102 

Heath   y.    Wallace ^ 104 

Heaton,  Packer  v 41.  42,  47 

Hecla   Cons.    M.    Co • 01 

Heitkamp  v.   Hah  orson 05 

Helmick,  Charles  W 01 

Hendree,   Atkins  t 24,  48 


393 


TABLE    OF    CASES    CITED. 


Hense,    Sullivan   v 30 

Heydenfeldt  v.  Dant-y  G.  &  S.  M.  Co 104 

Higgins    V.    Armstrong 51 

Hine,  De  Long  v  .^. 64 

Hine,   Jeffords  v 78 

Hirschler    v.    McKendricks 44 

Hitchcock,   Patterson   v 21 

Hoffman   v.    Beecher , . .  VO 

Hoffman  v.   Venard -'^ 

Holliday,   Turner  v ,/.   ^ .  ?.! 

Honaker  v.    Martin -14 

Hook    V.    Latbam 76 

Hooper  v.  Ferguson 67,  89 

Hoosac  Cons.  G.  h  Sm.  Co.,  Sayer  v 108 

Hopper,   American   Montana   Co.  v 102 

Houtz  V.   Gisborn 100 

Howe,    Botianon    y *. 73 

Hughes  V.   Gilbert   65,  98 

Hughes  V.  United  States 101 

Hunt  V.  Eureka  Gulch  M.  Co 107 

Hunt  V.   Patchin 46,  50,  110 

Hunter.  Preston  v 32 

Hyman,    McEvoy   v 29 

Hyman  v.   Wheeler 54 

Imperial  S.  M.  Co.,   Robinson  v 44 

Intervenor   M.    Co.,    Tildon   v 83,97,  107 

Iron  King  Mine  and  Mill  Site 38 

Iron  Mine  v.   Loella  Mine 22,  53,  54 

Iron  S.   M.   Co.   v.   Campbell ^ 116 

Iron  S.   M.  Co.  v.  Cheesman 17,  22,  24,  54 

Iron  S.   M.   Co.  v.   Elgin  M.   Co 22,  25,  45,  54 

Iron  Silver  M.  Co.  v.  Mike  &  Starr  M.  Co 115 

Iron  Silver  M.  Co.  v.  Murphy 22,  53.  54 

Iron  S.   M.   Co.   t.   Reynolds 115 

Iron   S.    M.    Co.,   Reynolds   v 33,  37,  in> 

Iron    S.    M.    Co.,    Sullivan    v 16,  11  > 

Iron  S.  M.  Co.,  United  States  v 33,  87,  115 

Ish,  Gold  Hill  Quartz  M.  Co.  v 16 

Ives,  Rosenthal  v 18,  109 


Jackson  t.   McKeever. 

Jackson  M.   Co 

Jackso'j.    V.    Roby 


........  95 

P7 

19,  2i,  38,  30,  42,  80,  109 


^:^21j--. 


T 


TABLE   OF    CASES   CITED. 


303 


Jaooba.   Barthel   68 

Jacobs.    William    E C2 

James,   Duprat   v 41,  44,  85 

Jantzen  v.  Arizona  Copper  Co 72 

Jefferson  M.  Co.  v.  Penusylvanla  M.  Co ; 66 

Jeffords  v.   Hine 78 

Jennlson    (Tltcomb)    v.    Kirk 19,  38 

Jenny  Lind  M.  Co.  v.  Eureka  M.  Co 108 

JUlson,    Anthony   v 30,  34,  73 

Johnson,    English  v 21 

Johnson,  Lee  v 14 

Johnson  v.  Towsley 14,  104 

Jones  V.  S.  P.  R.  R.  Co 72,  77 

J.    Q.    S.    Lode 70 

Julia  G,  &  S.  M.  Co.,  ChoUar  Potosi  M.  Co  v Ill 

Juniper  Mine   64 

Jupiter  M.  Co.  v.  Bodle  Cons.  M.  Co 

17,  21,  24,  29,  30,  40,  44,  54,  85 

Justice  M.  Co.,  Book  t 27 

Justice  M.   Co.,   Lee  v 73 


Kahn  v.  Central  Sm.   Co 51 

Kahn  v.  Old  Telegraph  M.  Co 104 

Kannaugh   v.    Quartette   M.    Co 107 

Kearney,    Hall    v 40 

Keeler,    Schultz    v 21 

Keller,    United   States  v 72 

Kemp,  St.  Louis  Sm.  Co.  v 

14,  37,  40,  42,  66,  85,  86,  88,  104,  110 

Kempton   Mine    72 

Kendall  v.  San  Ju&n  S.  M.  Co 32 

Kennedy  t.   Johnston 110 

Kessel,  Cornelius  v 101 

Keystone  Lode  &  Mill  Site  v.   Nevada 9 

Keystone  Lumber  Co.,   Telfotrl  v 74 

Kbem.  G.  A 36 

Kibling,   C.    A 102 

Kidd,  St.  John  v 47 

King  V.  Amy  &  Silversmith  Cons.  M.  Co 26 

King  V.   Edwards 30,  43 

King,    Gropper   v 17 

King,  Talbott  v 14,  15,  111 

Kirk  v.   Clark 30 

Kirk,  Jennison  (Tltcomb)   v 19,88 


!: 


dM  TABLE    OF    CASES   CITED. 

Klrtley,  Marshall  S.  M.   Co.  v 108 

Kismet  G.   M.  Co..  Gowdy  v 64,  77,  81,  94,  98 

Kline,   Ulltalo  v 95 

Knight  V.   United  States  Land  Ass'n 9-103 

Kram;  '   v.    Settle 21,  32,  85 

Lacey    »•  '>dward 44 

LacbmaKi,   .     .{Iman  v 51 

Lafave,    Seldler   v 31 

Lake  Quicksilver  M.   Co 60 

Lamar  v.   Hale 61 

Langdon  y.  Sherwood 103 

Larkin  t.   Upton 53 

Larkin,   Upton  v 18,  21.  30,  31 

Last  Chance  M.  Co.  v.  Tyler  M.  Co 101,  110 

Latham,    HoOk    v 76 

Leach,  Watervale  M.  Co.  v ,^.  57,  68 

lieadville  M.  Co.  v.  Fitzgerald 54 

Lebanon  M.  Co.  v.  Cons.  Republican  Mtn.  M.  Co 15,  68 

Lebanon  M.  Co.,  Cons.  Republican  Mtn.  M.  Co.  v 38 

I^banon  M.   Co.,   Wolfley   v 15,24 

Ledger  Lode  107 

Lee  Doon  v.  Tesb 73,  100 

Lee  y.   Johnson 14 

Lee  y.  Justice  M.  Co 73 

Lee  y.    Stahl 57,  58,  107 

Lee,   Territory  y 18,  73 

Lee,    White   y 34 

Lennig,   Charles    38,  91,  92 

Lentz    y.    Victor 13 

Lewisohn,    Catron    v 108 

Lewlsohn,  Mattingly  y 42,  110 

Lloyd,    Harris    y 51 

Lockhart  y.   Rollins 41,  44 

Loella   Mine,   Iron  Mine  y 22,  63,  54 

I^ng,  Drummond  y 31 

Lookout    Lode    70 

Louisville  Lode 64,  98 

Lowe,    Ophelia  Pope » 69 

Lucerne  M.   Co.,   Weill  v 48 

Lucy  B.  Hussey  Lode 70,  110 

Lux  Placer 95 

McBrayer,   Gore  y 21 


im 


TABLE   OF    CASES    CITED.  39R 

McCaljr  V.    Bryan 27 

McCalg,    Bryan    v 21,  41 

McCarthy,   Eugene   80 

MeClIntock   v.    Bryden 13 

McCormick    v.    Baldwin 46 

McDonald,    Burke    v 16,  21,  24,  27 

McDonald  y.   Montana  Wood   Co 35 

McDougal,   Cameron   v 96 

McEvoy    V.    Hyman 29 

McGarrahan  v.  New  Idria   M.   Co 103,  111 

MoGarrlty   v.    Byington 85 

McGinnis  v.  Egbert 21.  44 

McGowan  v.  Alps  Cons.  M.  Co 102 

McGregor   v.    Donelly 31 

Mclntyre,    William  E 102 

McKeever,    Jackson    v 95 

McKendricks,    Hirschler   v 44 

McKlnley  v.  Wheeler 74 

McMullen,   Neal  v 102 

McNider,    Bonesell  v 82,  107 

McNulty,    Richardson   v 46 

Mackey,   Saunders  y 50 

Mackey,   Territory  y 17 

Mackie,    S.    P 65,  66,  98 

Maguire,    Souter  y ' 30 

Mahler  (Smith),  Golden  Terra  M.   Co.  y 17,  21 

Mallett  y.   Uncle  Sam   G.   &   S.    M.   Co .'  47,  48 

Maloney,   Scott  y . . , 108 

Mammoth  M.  Co.,  Condon  y 78 

Mantle,   Noyes  y 9,  16,  111,  115,  116 

Manuel  y.   WulCf 16,  73 

Manville  y.   Parks 61 

Margaret   M.    Co.,    Morrill  y 67 

Marquez   y.   Frisbie ,. 102 

Mariott,    Miner  y 82,  107 

Marshall  y.  Harney  Peak  T.  M.,  M.  &  M.  Co 48 

Marshall  S.  M.  Co.  y.  Klrtley laS 

Mars  y.  Oro  Flno  M.   Co 108 

Martin,    Honaker  y 44 

Martin  White  M.  Co.,  Gleeson  y 21,  28,  32 

Mattingly,   Flayin  y 31 

Mattingly  y.   Lewisohn 42,  110 

Maule,   Crawsbaw  y 61 

Maxfield.    Seidler  y 3t 


300  TABLE    OF    CASES    CITED. 

Mayfield,    Bnindy   v .* 50,  110 

Mender    v.    Norton 103 

Meagher,    Belk    v 9.  16,  43,  44,  47 

Meagher  v.    Reed 51 

MemnoD  M.  Co.,  Hawley  Cons.  M.  Co.  v 106 

Merrell,    Wm.   S 45 

Merrill  v.  Dixon 17 

Metcalf  V.  Prescott 31 

Mlddleton,   Taylor  v. 31,  32,  48 

Milce  &  Starr  G.  &  S.  M.  Co.,  Iron  S.   M.  Co.  v 115 

Miller,  Florida  Ry.  &  Navigation  Co.  v 95 

MUler,   U.  S.  v 102 

MUl8  V.   Fletcher 44 

Mimbres    M.    Co 99 

Miner   v.    Mariott 82,  107 

Minor,   United  States  v 103 

Mint  Lode  and  Mill  Site 38 

Monitor  Lode    70,  110 

Montana  <^pmpany   70 

Montana   Co.   y.   Clark ., 55 

Montana  M.  &  Red.  Co 62 

Montana   Wood   Co.,    McDonald  v 35 

Montgomery,  Floyd  v 84 

Moore  y.  Robbins 14 

Moore   v.    Smaw 8 

Morenbaut   v.    Wilson 47 

Morrill  y.  Margaret  M.  Co 67 

Morris,    Doherty    y 41,  50,  111 

Morton  y.   Solambo  M.  Co 17,  21,  50 

Mt.  Diablo  M.  &  M.  Co.  y.  Callison 31,  39 

Moxon    V.    Wilkeson 30,  33 

MuldooD,    PbarisB  y 28,  44 

Mullan  y.   United  States 14 

Murley  y.  Ennls ,. 21 

Murphy,    Iron   S.   M.   Co.   v 22,  53,  54 

Murphy   y.    Sanford 102 , 

Murray,    James    H 05 

Murray,    Pardee    y 57 

Murray,  Reins  v 35 

Myen    y.    Spooner 48 

National  M.  &  Exploring  Co 91 

Natoma  Water  &  M.  Co.,   Broder  v 19 

Neal  V.   McMullen , 102 


TABLE    OF    CASES    CITED. 


397 


Nettle  Lode  v.  Texas  Lode 107 

Neuebaamer  v.   Woodman 2S 

Neyada,   Keystone  Lode  &  Mill  Site  v 0 

Newblll  T.   Thurston 2^ 

Newell,   State   v 72 

New  Idria  M.  Co.,   McGarrahan  v 103,  111 

Newport  Lode 80 

New  York  Lode  and  Mill  Site 65.  90 

Nichols,   Wolverton  v 109 

Nil  Desperandum  Placer 80 

Northern    Light   Lode 78 

Northern  Pacific  R.  R.  Co.,  Aldritt  v 34 

Northern  Pacific  R.  R.  Co.,   Barden  v 11 

Northern  Pacific  R.  R.  Co,  Pacific  Coast  Marble  Co.  v 33 

Northern  Pacific  R.  R.  Co.,  Sweeney  v 12,  86 

North  Noon  day  M.  Co.  v.  Orient  M.  Co 

17,  18,  23,  29,  30,  32,  44,  53,  72,  73,  74 

North  Star  M.  Co.,  Carson  City  G.  &  S.  M.  Co.  v 22 

Norton,    Meader   v 103 

Noyes  v.   ManUe. 9-16,  111,  115,  116 

Noyes  Placer,  Railroad  Lode  v 115 


O'Donnell  v.   Glenn 27 

Ohio  &  Mississippi  R.   R.  Co.  v   Wheeler 74 

Old  Telegraph  M.   Co.,  Kahn  v 104 

Oliver,  Chicago  Quartz  Mining  Co.   v 14 

Olson,    Bailey   v 95 

Omar  v.    Soper 48 

Oreamuno  v.   Uncle  Sam  G.   &   S.   M.   Co 44 

O'Reilly    V.    Campbell 38,  72 

Orient  Lode   106 

Orient  M.   Co.,   North  Noonday  M.  Co.  v 

17,  18,  23,  29,  30,  32,  44,  53,  72,  73,  74 

Original  M.  Co.  v.  Winthrop  M.  Co 45 

Oro  Fino  M.  Co.,  Mars  v 108 

Overman  S.    M.  Co.   v.   Corcoran 21 


- 


Pacific  Coast  Marble  Co.  v.  N.   P.  R.  R.  Co 33 

Pacific  Coast  M.  &  M.   Co.  v.  Spargo 66 

Pacific  Slope  Lode 117 

Packer  v.   Heaton 41,  42.  47 

Page,   A.    B Ok 

Pardee   v.    Murray 67 

Park,  G.  W 62 


398 


TABLE    OP    CASES    CITED. 


Parks,  Manvllle  v 51 

Paiole  &  Morning  Star  Lodes,  Ground  Hog  Lode  v..  70,  82,  107 

Parsons  v.   Ellis 81,  95 

Patchin,    Hunt  v 46,  50,  110 

Patterson,  Baxter  Mtn.  G.  M.  Co.  v 31 

Patt'i?r8on  y.    Hitchcock 21 

Pattlson,   Dunlap  ▼ 21 

Payne,    James   M 78 

Pearsall  and   Freeman 35 

Pennsylvania  M.  Co.,  Jefferson  M.  Co.  v.. 66 

People  V.    Shearer 101 

Pcralsh  (Vacavich),  Slavonian  M.  Co.  v 44 

Perego   v.    Dodge 109 

Pershbaker,    Gregory    v 27,  33,  34 

Petit  V.  Buffalo  G.  &  S.  M.  Co 107 

Phariss  v.    Muldoon 28,  44 

Philadelphia  M.  Co.  v.  FInley 106 

Pierce   v.    Sparks 12 

Pollard  V.   Shively , 29 

Potter,  Etllng  v 21 

Poojade  v.    Ryan 30 

Powell  v.  Ferguson Ill 

Pratt  V.  Avery 98 

Prescott,    Metcalf    v 31 

Preston  v.   Hunter 32 

Prince  of  Wales  Lode 6^ 

Pugh,  Becker  v. 28,  109 

Putnam,    Henry   C 95 

Putnam,  Settembre  v 61 

Quartette  M.   Co.,  Kannaugh  v 107 

Quimby  v.    Boyd .  30,  42 

Quinby  v.  Conlan 14 


Rablln,  William   86 

Railroad   Lode  v.  Noyes  Placer 115 

Raunheira,   Dabl  v 101,  116 

Reed  &  Hillary  Lode 68 

Reed,   Meagher  v 51 

Reeves  v.   Emblen 95 

Reins   V.    Murray 35 

Remington    v.    Baudit 40,  88 

Renshaw   v.   Swltzer 16 

Reynolds  v.  Iron  S.  M.  Co 33,  37,  116 


^■p 


TABLE   OF    CASES   CITED. 


309 


Reynolds,    Iron  S.    M.   Co  v IIB 

Richardson,  C.   D 33 

Richard    v.     McNulty 46 

Richmond  M.  Co.,  Eureka  Cons.  M.  Co.  v.  (Eureka  Case) 

17,  28,  104 

Richmond  M.  Co.  v.  Rose 24,  lOS,  110 

Richmond  M.  Co..  Rose  y 24 

Rlco-Aspen  Cons.  M.  Co.,  Enterprise  M.  Co.  v Ill 

Rico  Lode  67 

Rico   Town  Site 1 ....  37 

Risdon   T.    Davenport ^...  102 

Robblns,    Moore    v 14 

Roberts  v.  Gebhart 102 

Robertson,    Hargrove   v 37 

Robinson  v.  Imperial  S.  M.  Co 44 

Robinson,    Turner    v 95 

Roby,    Jackson    v 10,  21,  38,  39,  42,  86,  100 

Rockwell  V.  Graham Ill 

Rocky   Lode    , 67 

Rogers,   Samuel  E 66 

Rollins,   Lockhart  v 41,  44 

Rose  Nos.  1  and  2  Lodes. 76 

Rosenthal  v.  Ives 18,  109 

Rose  V.  Richmond  M.  Co 24 

Rose,  Richmond  M.   Co.  v ^ 24,  108,  110 

Ross,    Derry   v 46,  48 

Rowena  Lode   65,  98 

Russell  V.  Cbumasero 31 

Russell,   Gonu  v 44 

Ryan,  Harvey  v 30 

Ryan,   Poujade  r 30 

Ryan,  Strang  v. , 46,  48 


Safford,    Carroll    v 101 

St.   John   V.    Kldd 47 

St.  Louis  M.  &  Sm.  Co..  Eaton  v 74 

St.  Louis  Sm.    Co.    v.    Kemp 

14,  37,  40,  42.  66,  85,  86.  88,  104,  110 

St.   Louis  Sm,.  Co.,  Steel  v 14,  102,  104 

Sanford,    Murphy   y 102 

Sanger,  Doe  v »': 

San  Juan  S.   M.   Co.,   Kendall  v 3.. 

Satisfaction  Ext'n    Mill  Site 9  . 

Saunders  v.   Mackey 50 


.400  TABLE    OF    CASES    CITED. 

Sawyer,    Turner   v 40,  70,  110,  141 

Sayer  v.  Hoosac  Cons.  G.  &  S.  M.  Co 108 

Schultz    T.    Keeler 21 

Schurz,   United   States   v 102,103 

Scott  V.    Maloney 108 

Scott,    Waterbouse    v 82,  106,  107 

Seidler    v.    Lafave. 31 

Seldler   v.    Maxfleld 31 

Senator  Mill  Site 102 

Settembre  v.  Putnam 51 

Settle,    Kramer   v 21,  32,  85 

Seymour  v.  Fisher 109 

Sliafer  v.    Constans Ill 

Shearer,    People   v 102 

Shepley  v.  Cowan 14,  104 

Sherwood,    Langdon    v 103 

Shively,   Pollard  v 29 

Shreeve,   Cheesman   t  . . . ., 54 

Shreve  v.  Copper  Bell  M.  Co 17 

Sierra  Grande   M.    Co.  v.   Crawford 92 

Sierra  Nevada  Cons.  M.  Co.,  Gilpin  t 54 

Silver  Bow  M.  &  M.  Co.  v.  Clarli 15 

Sliver  King  M.    Co 76 

Silver    Star    Mill    Site 98 

SkiUman  t.   Lachman ., 51 

Slauson,   Byine  v 99 

Slavonian  M.  Co.  v.  Peraish  ( Vacavich) 44 

Smalley   v.    Hawblits 95 

Smaw,    Moore   v 8 

Smith  V.    Ewing 102 

Smith  (Mahler),  Golden  Terra  M.  Co.  v 17,  21 

Smith,    Hartman    v 92 

Smith,    Lewis    16 

Smith  V.  United  States 74 

Smuggler  M.  Co.  v.  Trueworthy  Lode 95 

Snow   Flake  Lode 67,  107 

Solambo  M.  Co.,  Morton  v 17,  21,  60 

Soper,    Omar  v 48 

Souter    V.    Maguire 30 

Southern  Cross  G.  &  S.  M.  Co.  v.  Europa  M.  Co 30 

Southern  Kfevada  G.  &  S.  M.  Co.,  Hamilton  v 101,  102 

Southern  Pacific  R.   R.  Co.   v.  Brown 77 

Southern  Pacific  R.   R.  Co.  v.  Griffin 34.  37 

Southern  Pacific   R.   R.  Co.,  Jones  y 72,  77 


■■■■ 


itiKi 


TABLE   OF    CASES   CITED.  401 

Southern  Pacific  R.  R.  Co.,  Whlttaker  v S© 

Soutb  Spring  Hill  O.  M.  Co.,  Amador-Medean  G.  M.  Co.  v..  65 

South   Star  Lode 115,  110 

Spargo,   Pacific  C/Oast   M.    &  M.   Co.   v 55 

Sparks  v.   Pierce    12 

Spooner,    Myers    v 48 

Spratt    V.    Edwards 98 

Spray,    Thompson    v 24,  30,  72 

Spur   Lode    88 

Stahl,   Lee  y 57,  68,  107 

Standart,    S.    H tO 

Fcark,    Strepy   v '. . .  21 

Starr,  Thomas   Ill 

State    V.    Newell 72 

Steel  V.  Gold  Lead  G.  &  S.  M.  Co 110 

Steel  V.  St.  Louis  Sm.  Co 14,  102,  104 

Stemwinder  M.  Co.  t.  Emma  &  Last  Chance  Cons.  M.  Co..  24 

Stevens   v.    Gill .,..  63-54 

Stevens  v.  Williams 17,  53,  54 

Stewart,  Tomay  v 78 

Stimson  v.   Clark 102 

Stone  V.   Geyser  Quicksilver  M.   Co 48 

Stone,    United  States  v 14 

Strang    v.    Ryan . .    46-48 

Street,    Hall    v 67 

Strepy    v.    Stark 21 

Strong,    Moses    M 68 

Sullivan   v.    Hense 30 

Sullivan  v.  Iron  S.  M.  Co , 16,  115 

Sweeney,    Freezer   v 30 

Sweeney,  N.  P.   R.   R.  Co.   v...; 12,  8(5 

Sweeney   v.    Wilson 45 

Sweet   V.    Webber » 30,  45 

Sweigart   v.    Walker 102 

Swift,   Bretell  v 78 

Switzer,    Renshaw   v 15 

Sylyester,    Wilhelm    v 57-68 

Syndicate    Mill    Site 92 

Tabor,    Wight   v 107 

Talbott    V.    King 14,  15,  111 

Tangerman  v.  Aurora  Hill  M.   Co 97 

Tarbett,  FlagstafE  S.   M.   Co.  v 21,  24,  25,  53,  55 

yaylor,   Clark   v. ......,..,.,  87 


402  TABLE    OF    CASES    CITED. 

Taylor  v.   Mltlulcton 31.  32,  48 

Telford  v.   Key8tou«i  Lumber  Co 74 

Tennessee    Lode    80 

Terrible  M.  Co.  ▼.  Ai-gentlne  M.  Co 24 

Terrible  M.  Co.,   Argentine  M.   Co.   v 26 

Territory  v.   Lee 18,  73 

Territory  v.   Mackey 17 

Tesh,   Lee   Doon  v 73,  100 

Texas  Lode,   Nettle  Lode  v 107 

Thomas   v.    EUlng 49,  50,  70,  110 

Thompson,   Craig  v , 44 

Thompson,    Gaby   v 72 

Thompson   v.    Spray 24,  30,  72 

Thurston,   NewblU  v 28 

Tlbbltts    V.    Ah    Tong 73 

Tllden    v.    Intervenor   M.    Co 8C,       ,107 

Tltcomb   (Jennison)  v.   Kirk 19,38 

Tomay  v.  Stewart 78 

Topsey   Mine    67 

Towsley,   Johnson  v '. 14,  104 

Toy  Long,  Chapman  v 15 

Trickey    Placer    42,  87 

Trueworthy   Lode,   Smuggler  M.   Co.   v 95 

Turt'k,  Colorado  Central  Cons.   M.  Co.   v 55 

Turner  v.    HoUlday 73 

Turner  v.   Robinson 95 

Turner   v.    Sawyer 49,  70,  110,  114 

Two  Sisters  Lode  and  Mill  Site 92 

Tyler,   Doe  v *. .• 32 

Tyler  M.  Co.,  Last  Chance  M.  Co.  v 101,  110 

Ulltalo  V.   Kline ' 05 

Uncle  Sam  G.  &  S.  M.  Co.,  Mallett  v 47,  48 

Uncle  Sam  G.   &  S.  M.  Co.,   Oreamuno  t 44 

Underbill,   Harkness   v 102 

Union  M.  &  M.   Co.  v.   Danberg 101 

Union   Oil  Co 34.  113 

United    States,    Hughes    v 101 

United  States  v.   Iron  S.  M.  Co 33,  87.  115 

United   States   v.   Keller '. . .  72 

United  States  Land  Ass'n,  Knight  v 9,  103 

United  States  v.  Miller 102 

United    States    v.    Minor 103 

Unitea  States.  MuUfin  y ,,..,.,.  14 


TABLE   OP   CASKS   CITED. 


403 


United   States   v.    Sohurz 102,  103 

United    States,    Smith    v 74 

United   States  v.   Stone 14 

Upton    V.    LarkiQ 18,  21,  30,  31 

Upon,    Larkin    v fi3 

Utah  M.  &  Mfg.  Co.  v.  DIckert  &  Myers  Sulphur  Co 44 

Vacavlch  (Peraish),  Slavonian  M.  Co.  v 44 

Valentine,  Central  Pacific  R.  R.  Co.  v H 

Valley  Lode    116 

Valpy,    Dickinson    v 51 

Vanauken,   Electro-Magnetic  M.  &  Dev't  Co.  v 21 

Vanderbllt   Lode    102 

Van  Zandt  v.    Argentine    M.    Co 55 

Venard,    Hoffman    t 80 

Victoria    Copper   Co.,    Haws    v 30 

Victor,    Lentz    v 13 


Walker,    Swelgart   v 102 

Wallace,    Heath    v 104 

Wallace,    J.    S 106,  108 

Waring  v.    Crow 47 

Warnock    v.    De    Witt 29,  46 

Warren  Mill  Site  v.   Copper  Prince  Lode 04,  111 

Waterhouse   v.    Scott 82,  106,  107 

Waterloo  M.  Co.  v.  Doe 21,  109 

Waterloo   M.    Co.,   Doe   v 25,  27,  29,  54,  74,  109 

Waters   v.    Campbell 74 

Watervale  M.   Co.  v.  Leach 57,  58 

Webber,    Sweet   v 30.  45 

Weibbold,    Davis'   Adm'r  v 12,  104 

Weill  V.   Lucei-ne  M.  Co 48 

West  Granite  Mtn.  M.  Co.  v.  Granite  Mtn.  M.  Co 32 

Whedon,   D.   P ' 50 

Wheeler,   Hyman  v 54 

Wheeler,    McKinley    v 74 

Wheeler,  Ohio  &  Mississippi  R.  R.   Co  v 74 

White  Cloud  Copper  M.   Co 42 

White  Extension   West   Lode 71 

Whitehouse,    Gray   v 90 

White    V.    Lee 34 

Whitman  v.    Haltenlioff 94 

Wblttaker  v,  S.  P,  R,  R,  Co 09 


wm 


^ 


404  TABLE    OF    CASES    CITED. 

Wight    V.    Dubois 107 

Wight   V.    Tabor 107 

Wightwick,   Fereday  v 51 

Wilhelm    V.    Sylvester c 57-58 

Wilkinson,    Moxon    v 30-33 

Williams    T.    Attenborougb Bl 

Williams,   Frederick  A 68-90 

WlUlaLas,    Stevens   v 17-53-64 

Willis,  Glacier  Mtn.    S.    M.   Co.   v 19 

Wills   v.    Blain.... 47 

Wilson  V.   Fine 102 

Wilson,    Morcnhaut  v • 47 

Wilson,   Sweeney   v 46 

Winter  Lode 21 

Winthroi)  M,   Co.,   Original  M.   Co.   v 45 

Wirth   V.    Branson 101 

Wifrbersixwn  v.   Duncan 101 

Wolfley  V.  Lebanon   M    Co 15,  24 

Wolverton  v.   Nichols.^ 109 

Wood  V.  Aspen  M.  &  Sm.  Co , 73 

Woodhouse,   Fairbanks  v. . .  .• 48 

Woodman,   Neuebaumer  v 28 

Woodward,    Lacey   v ., 44 

Wulff,   Manuel  v lC-73 

Young    v.    Hanson 102 


